HHS provides instructions for filing privacy complaints, adds new FAQs
HIPAA Weekly Advisor, March 28, 2003
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Anyone who believes a covered entity is not complying with the privacy rule requirements can file a complaint with HHS. HHS published a notice in the March 20 Federal Register listing where to send complaints and explaining how to do so.
According to the notice, those who want to file a complaint must do the following:
- File the complaint in writing, either on paper or electronically.
- Name the entity that is the subject of the complaint and describe the acts or omissions believed to be in violation of the requirements.
- File the complaint within 180 of when he or she knew or should have known about the act or omission, unless the time limit is waived by the Office for Civil Rights (OCR).
- Address the complaint to the OCR regional office responsible for the covered entity's state or jurisdiction. Those addresses are listed in the notice.
HHS also recently added new frequently asked questions (FAQs) to its Web site. The new FAQs cover the following topics:
- Preemption of state law and requests for preemption exception determinations
- Disclosure of PHI to protect against bioterrorism
- Nursing home reporting of admissions information concerning supplemental security income recipients to the Social Security Administration
Go to http://www.hhs.gov/ocr/hipaa/whatsnew.html and look under news for March 13 for the FAQs.
Go to http://www.hipaapro.com/news/hipaa_downloads.cfm to download a PDF of the complaint notice.
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