Can someone file a complaint with HHS without first notifying the covered entity of the problem?
HIPAA Weekly Advisor, May 29, 2006
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Yes. The HHS commentary states that requiring complainants to first notify the covered entity would have a chilling effect on complaints. Violations might continue because some potential complainants would not bring complaints to the covered entity. Notifying the covered entity could also result in a delay in resolving the violation.
For more information see Section 160.306 Complaints to the Secretary of the privacy rule.
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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