What will happen if a complaint is filed against us with HHS?
HIPAA Weekly Advisor, October 31, 2005
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The HHS commentary states that, in enforcing the privacy rule, it will generally inform the covered entity of the nature of any complaints it has received. There may be situations where information is withheld to protect the privacy of the complainant or others, or where revealing information would impede the investigation of the covered entity.
HHS will also generally afford the entity an opportunity to share information that may result in an early resolution. According to HHS, its approach will be to seek informal resolution of complaints whenever possible, which includes allowing covered entities a reasonable amount of time to come into compliance before initiating action to seek civil monetary penalties. You should note, however, that the rule does give HHS full power to investigate complaints through access to books,records, and other sources of information.
For more information see Section 160.308 Compliance Reviews and Section 160.306 Complaints to the Secretary of the Bricker & Eckler Web site.
Editor's note: Attorneys from Bricker & Eckler, LLP, answered this question. This is not legal advice. Consult with your attorney for legal matters.
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