Overview:
164.530(d)
Complaints.
All covered entities must provide a process for individuals to complain about its compliance with the Breach Notification Rule.
Action Items:
1) Obtain the covered entity's policies and procedures for individual complaints. Evaluate whether they are consistent with the requirement to provide a process for individuals to complain about the covered entity's compliance with the Breach Notification Rule.
2) Obtain and assess additional documentation of actions taken by the covered entity to investigate and resolve the complaints. Assess whether the actions were completed in accordance with these requirements and the entity's policies and procedures.
Related Documents:
1) Policies and procedures for individual complaints.
2) Documentation of actions taken by the covered entity to investigate and resolve the complaints.
Additional Guidance:
If you believe that a HIPAA-covered entity or its business associate violated your (or someone else’s) health information privacy rights or committed another violation of the Privacy, Security, or Breach Notification Rules, you may file a complaint with the Office for Civil Rights (OCR). OCR can investigate complaints against covered entities (health plans, health care clearinghouses, or health care providers that conduct certain transactions electronically) and their business associates. Anyone can file a health information privacy or security complaint. Your complaint must:
1) Be filed in writing by mail, fax, e-mail, or via the OCR Complaint Portal
2) Name the covered entity or business associate involved, and describe the acts or omissions, you believed violated the requirements of the Privacy, Security, or Breach Notification Rules
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"
Article ID: 600
Created: September 29, 2022
Last Updated: September 29, 2022
Author: Matthew Burdick
Online URL: http://www.compliancewiki.org/article/hipaa-privacy-complaints-164-530-d-600.html