| How to File a Health Information Privacy Complaint with the Office for Civil Rights |
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. . . . How to File a Health Information Privacy Complaint with the Office for Civil Rights
If you believe that a person, agency or organization covered under the HIPAA Privacy Rule ("a covered entity") violated your (or someone else's ) health information privacy rights or committed another violation of the Privacy Rule, you may file a complaint with the Office for Civil Rights (OCR). OCR has authority to receive and investigate complaints against covered entities related to the Privacy Rule. A covered entity is a health plan, health care clearinghouse, and any health care provider who conducts certain health care transactions electronically.
Complaints to the Office for Civil Rights must: (1) Be filed in writing, either on paper or electronically; (2) name the entity that is the subject of the complaint and describe the acts or omissions believed to be in violation of the applicable requirements of the Privacy Rule; and (3) be filed within 180 days of when you knew that the act or omission complained of occurred. OCR may extend the 180-day period if you can show "good cause." Any alleged violation must have occurred on or after April 14, 2003 (on or after April 14, 2004 for small health plans), for OCR to have authority to investigate. Anyone can file written complaints with OCR by mail, fax, or email. If you need help filing a complaint or have a question about the complaint form, please call this OCR toll free number: 1-800-368-1019. OCR has ten regional offices, and each regional office covers certain states.
You should send your complaint to the appropriate OCR Regional Office, based on the region where the alleged violation took place. Complaints should be sent to the attention off the appropriate OCR Regional Manager. You can submit your complaint in any written format. We recommend that you use the OCR Health Information Privacy Complaint Form which can be found on our web site or at an OCR Regional office. If you prefer, you may submit a written complaint in your own format. Be sure to include the following information in your written complaint: Health Information Privacy Complaint Form Handwritten letters must include the following information and send or fax to the OCR Regional Office (bottom of this page):
The following information is optional:
The Privacy Rule, developed under authority of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), prohibits the alleged violating party from taking retaliatory action against anyone for filing a complaint with the Office for Civil Rights. You should notify OCR immediately in the event of any retaliatory action.
To submit a complaint with OCR, please use one of the following methods. If you mail or fax the complaint, be sure to follow the instructions above for determining the correct regional office. Option 1: Open and print out the Health Information Privacy Complaint Form in PDF format (you will need Adobe Reader software) and fill it out. Return the completed complaint to the appropriate OCR Regional Office by mail or fax. Option 2: Download the Health Information Privacy Complaint Form in Microsoft Word format to your own computer, fill out and save the form using Microsoft Word. Use the Tab and Shift/Tab on your keyboard to move from field to field in the form. Then, you can either: (a) print the completed form and mail or fax it to the appropriate OCR Regional Office; or (b) email the form to OCR at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . Option 3: If you choose not to use the OCR-provided Health Information Privacy Complaint Form (although we recommend that you do), please provide the information specified above and either: (a) send a letter or fax to the appropriate OCR Regional Office; or (b) send an email OCR at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .
If you require an answer regarding a general health information privacy question, please view our Frequently Asked Questions (FAQs). If you still need assistance, you may call OCR (toll-free) at: 1-866-627-7748.
OCR Regional Addresses
Region I - CT, ME, MA, NH, RI, VT Office for Civil Rights Office for Civil Rights Office for Civil Rights Office for Civil Rights Office for Civil Rights Office for Civil Rights Office for Civil Rights
Region IX - AZ, CA, HI, NV, AS, GU, The U.S. Affiliated Pacific Island Jurisdictions
Region X - AK, ID, OR, WA |
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