$250,000 fine for each HIPPA violation

Wednesday, December 11, 2013 | By Scott | No Comments

If you believe that a covered entity or 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 of Civil Rights (OCR). OCR can investigate complaints against covered entities and their business associates.

If you feel a health care provider, or state or local government agency, has discriminated against you (or someone else) based on race, national origin, disability, or age, you may file a civil rights complaint. OCR can also investigate disability-based discrimination complaints against programs operated by HHS. Under certain statutes and regulations, OCR also has limited authority to investigate complaints of discrimination based on sex and religion. If you believe your health care provider conscience protection rights have been violated, you may file a complaint with OCR.

For more information about the Civil Rights Laws and Regulations OCR enforces, please review their Understanding Civil Rights section or look at their Frequently Asked Question (FAQs).

The Case Resolution Manual for Civil Rights Investigations (CRM) provides OCR staff and managers with the procedures and strategies designed to promptly and effectively evaluate, investigate, and resolve complaints and compliance reviews, and to enforce violation findings where warranted.

COMPLAINT REQUIREMENTS – Your complaint must:

  1. Be filed in writing, either on paper or electronically via the OCR Complaint Portal, by mail, fax, or e-mail;
  2. Name the health care or social service provider involved, and describe the acts or omissions, you believed violated the civil rights laws or regulations; and
  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.”

Download HIPPA Complaint Form

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