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Complaint Requirements 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.
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.
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 you believe that a covered entity discriminated against you or violated your (or someone else's) civil rights, conscience rights, or religious freedom rights, you may file a complaint with OCR. You may file a complaint for yourself, your organization, or for someone else.
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.
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.