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OCR is responsible for enforcing the HIPAA Privacy and Security Rules (45 C.F.R. Parts 160 and 164, Subparts A, C, and E). One of the ways that OCR carries out this responsibility is to investigate complaints filed with it.
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.
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.
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).
Sharing of PHI online or via social media without permission. Mishandling and mis-mailing PHI. Texting unencrypted PHI. Failure to encrypt PHI or use an alternative, equivalent measure to prevent unauthorized access/disclosure.
How to File a Complaint Privacy Officer. California Department of Health Care Services. P.O. Box 997413. MS 0010. ... Secretary of the U.S. Department of Health and Human Services. Office of Civil Rights. Attention: Regional Manager. ... U.S. Office of Civil Rights. (866) 627-7748 (Voice) (866) 788-4989 (TTY)