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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. For more information about the Privacy Rule,
please look at our responses to Frequently Asked Questions (FAQs) and our
Privacy Guidance. (See the web link near the bottom of this form.)
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, 2005
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. Use the OCR
Regions list at the end of this Fact Sheet, or you can look at the
regional office map
to help you determine where to send your
complaint. 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:
- Your name, full
address, home and work telephone numbers, email address.
- If you are filing
a complaint on someone's behalf, also provide the name of the person on
whose behalf you are filing.
- Name, full address and phone of
the person, agency or organization you believe violated your (or someone
else's) health information privacy rights or committed another violation
of the Privacy Rule.
- Briefly describe
what happened. How, why, and when do believe your (or someone else's)
health information privacy rights were violated, or the Privacy Rule
otherwise was violated?
- Any other
relevant information.
- Please sign your
name and date your letter.
The following
information is optional:
- Do you need
special accommodations for us to communicate with you about this
complaint?
- If we cannot
reach you directly, is there someone else we can contact to help us reach
you?
- Have you filed
your complaint somewhere else?
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 OCRComplaint@hhs.gov
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 OCRComplaint@hhs.gov.
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.
You may also send an email to
OCRPrivacy@hhs.gov with suggestions regarding future FAQs. Emails will
not receive individual responses.
OCR Regional Addresses:
Region I - CT, ME, MA,
NH, RI, VT
Office for Civil Rights
U.S. Department of Health & Human Services
JFK Federal Building - Room 1875
Boston, MA 02203
(617) 565-1340; (617) 565-1343 (TDD)
(617) 565-3809 FAX |
Region VI - AR, LA, NM,
OK, TX
Office for Civil Rights
U.S. Department of Health & Human Services
1301 Young Street - Suite 1169
Dallas, TX 75202
(214) 767-4056; (214) 767-8940 (TDD)
(214) 767-0432 FAX |
Region II - NJ, NY, PR,
VI
Office for Civil Rights
U.S. Department of Health & Human Services
26 Federal Plaza - Suite 3313
New York, NY 10278
(212) 264-3313; (212) 264-2355 (TDD)
(212) 264-3039 FAX |
Region VII - IA, KS, MO,
NE
Office for Civil Rights
U.S. Department of Health & Human Services
601 East 12th Street - Room 248
Kansas City, MO 64106
(816) 426-7278; (816) 426-7065 (TDD)
(816) 426-3686 FAX |
Region III - DE, DC, MD,
PA, VA, WV
Office for Civil Rights
U.S. Department of Health & Human Services
150 S. Independence Mall West - Suite 372
Philadelphia, PA 19106-3499
(215) 861-4441; (215) 861-4440 (TDD)
(215) 861-4431 FAX |
Region VIII - CO, MT,
ND, SD, UT, WY
Office for Civil Rights
U.S. Department of Health & Human Services
1961 Stout Street - Room 1426
Denver, CO 80294
(303) 844-2024; (303) 844-3439 (TDD)
(303) 844-2025 FAX |
Region IV - AL, FL, GA,
KY, MS, NC, SC, TN
Office for Civil Rights
U.S. Department of Health & Human Services
61 Forsyth Street, SW. - Suite 3B70
Atlanta, GA 30323
(404) 562-7886; (404) 331-2867 (TDD)
(404) 562-7881 FAX |
Region IX - AZ, CA, HI,
NV, AS, GU, The U.S. Affiliated Pacific Island Jurisdictions
Office for Civil Rights
U.S. Department of Health & Human Services
50 United Nations Plaza - Room 322
San Francisco, CA 94102
(415) 437-8310; (415) 437-8311 (TDD)
(415) 437-8329 FAX |
Region V - IL, IN, MI,
MN, OH, WI
Office for Civil Rights
U.S. Department of Health & Human Services
233 N. Michigan Ave. - Suite 240
Chicago, IL 60601
(312) 886-2359; (312) 353-5693 (TDD)
(312) 886-1807 FAX |
Region IX - AZ, CA, HI,
NV, AS, GU, The U.S. Affiliated Pacific Island Jurisdictions
Office for Civil Rights
U.S. Department of Health & Human Services
50 United Nations Plaza - Room 322
San Francisco, CA 94102
(415) 437-8310; (415) 437-8311 (TDD)
(415) 437-8329 FAX |
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