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Ideally, the complaint should be filed with your HIPAA compliance officer, or failing that, the matter should be brought to the attention of your supervisor.
The risk assessment will help the Privacy Officer determine whether the violation is a reportable incident. Not all internal violations of HIPAA Rules need to be reported, but the failure to notify the patient and OCR of a reportable breach of unsecured PHI could result in a financial penalty.
U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is responsible for enforcing the HIPAA Privacy and Security Rules.
Make Your Office HIPAA-Compliant Use Discretion when Verifying Insurance Information. ... Turn Over Sensitive Documents and Turn Computer Screen Away. ... Keep Personal Information Off Sign-In Sheet. ... Always Debrief Parents of Minors?Even When Parents Not in Exam Room. ... Conduct Parent or Caretaker Debrief in Private.
To submit an electronic complaint, go to OCR's Web site at: .hhs.gov/ocr/privacy/hipaa/complaints/index.html. To submit a complaint using alternative methods, see reverse page (page 2 of the complaint form). When do you believe that the violation of health information privacy rights occurred?
Your complaint must: Be filed in writing by mail, fax, e-mail, or via the OCR Complaint Portal. 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.
HIPAA Breach Notification Rule. Not all HIPAA violations are required to be reported to the relevant patient or HHS. Under the breach notification rule, covered entities are only required to self-report if there is a ?breach? of ?unsecured? PHI. (45 CFR § 164.400 et seq.).
If you suspect a violation of your HIPAA privacy rights, you can report it anonymously. You may do so by calling 1-866-633-6472, or filling out this complaint form.