CMS releases process for filing nonprivacy-related complaints
HIPAA Weekly Advisor, April 4, 2005
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CMS released guidance last Friday for filing complaints with HHS regarding incidents of noncompliance with all HIPAA administrative simplification provisions except the privacy rule.
The guidance discusses methods for filing complaints, including through the Internet and by mail, and addresses the procedures for initial processing of complaints. Upon receipt of a complaint, CMS will review the complaint and determine whether it is complete and alleges a failure to comply with one of the applicable administrative simplification provisions.
If the compliant meets all CMS criteria, CMS will proceed with an investigation of the noncompliance. Complainants can withdraw complaints at any time. However, in some instances, CMS will continue to investigate withdrawn complaints.
The notice was published in the March 25 Federal Register and takes effect April 25, 2005.
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