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6), OCR may refer the complaint to the Department of Justice for investigation. OCR reviews the information, or evidence, that it gathers in each case. In some cases, it may determine that the covered entity did not violate the requirements of the Privacy or Security Rule.
If the review identifies a potential HIPAA violation, it will be investigated further. An investigation can result in several outcomes. If no violation is identified, you should receive a communication explaining why. If a minor violation is identified, the organization will likely take steps to rectify it.
HIPAA Privacy & Security Rule Complaint Process The OCR may request specific information from each party to get an understanding of the facts. The OCR will review the evidence that it gathers to make a determination on whether or not the covered entity violated the requirements of the rules.
Your complaint must: Be filed in writing: sent by mail, fax or e-mail. Name the person that is the subject of the complaint and describe the act or acts believed to be in violation of the Patient Safety Act requirement to keep PSWP confidential.
Be filed in writing by mail, fax, e-mail, or via the OCR Complaint Portal.
Filing a Complaint 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).
If it accepts the case, CRD independently investigates the facts and the legal issues. This involves reviewing respondents' responses to complaints and other information and evidence that complainants and respondents submit, among other things. CRD attempts to resolve the dispute in appropriate cases.
The investigation may take months, particularly if there were outside actors involved. The sooner HIPAA violations are reported, however, the sooner they can be resolved.