HHS’ Office for Civil Rights Settles HIPAA Privacy Rule Investigation with Dr. Linda L. Shen d/b/a Shen Smiles, P.C. - Summary - DentalSpire
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HHS Civil Rights Office Resolves HIPAA Privacy Rule Probe Involving Dr. Linda L. Shen and Shen Smiles, P.C.

  • By

  • Office for Civil Rights (OCR)

  • October 8, 2026

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Objective:

The article describes an OCR investigation into alleged delayed access to a patient’s protected health information and the resulting settlement with Pennsylvania dental provider Shen Smiles, P.C.

Approach:
  • Complaint and investigation: OCR investigated a complaint alleging that Shen Smiles did not provide timely access to an individual’s protected health information despite multiple requests.
  • Enforcement resolution: After OCR proposed a civil money penalty and Shen Smiles requested an administrative hearing, the parties settled before the hearing.
Key Findings:
  • Shen Smiles maintained that it could not provide access because a workforce member had stolen the records.
  • OCR found that Shen Smiles had failed to establish required policies and procedures, including procedures addressing individuals’ right of access.
  • OCR also found that Shen Smiles had not reasonably safeguarded PHI against impermissible uses or disclosures.
  • Under an August 11, 2026 resolution agreement, Shen Smiles consented to pay OCR $140,000.
Interpretation:

OCR described the action as its 56th enforcement action under HIPAA’s Right of Access. The Privacy Rule generally requires access within 30 days, with a possible single 30-day extension.

Limitations:
  • The matter was resolved by agreement before the requested administrative hearing occurred.
Conclusion:

OCR stated that enforcement of HIPAA rules protecting the privacy and security of health information remains a commitment.

Sources:

Original Source(s)

HHS’ Office for Civil Rights Settles HIPAA Privacy Rule Investigation with Dr. Linda L. Shen d/b/a Shen Smiles, P.C.

  • by Office for Civil Rights (OCR)

  • October 8, 2026

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