How to File a Complaint Against HIPAA Law
HIPAA (Health Insurance Portability and Accountability Act) was designed to protect individually identifiable information that can be attributed to a specific patient. Any time you visit a health care service provider or interact with an associated health care entity, you should receive a copy of a HIPAA policy. If you feel your individual rights under HIPAA have been violated, you can file a complaint with the Office of Civil Rights.
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Instructions
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Confirm that your rights have been violated before filing a complaint against HIPAA law. Complaints can only be filed against the following health care entities: doctors, clinics, hospitals, psychologists, chiropractors, nursing homes, pharmacies, dentists, health insurance companies, company health plans, Medicare, Medicaid and other government programs that pay for health care.
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Describe in the complaint the practice or lack thereof that violates your HIPAA rights on or after April 14, 2003. (Potential violations prior to April 14, 2003, are not covered by HIPAA.)
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Make your complaint in writing. You can write out your complaint with pen and paper and mail or fax it. You can also type up your complaint and e-mail it.
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Include the covered entity involved in the complaint and a description of the acts or omissions that you believe are a violation. To ensure that all the required information has been included, you can download the complaint form provided by the OCR (see Resources).
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File your complaint within 180 days (roughly 6 months) of when the violation occurred. The OCR will grant an extension past 180 days if you can present a valid reason.
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Tips & Warnings
You can request a copy of the HIPAA complaint form by contacting the regional OCR that is closest to you. (See Resources for a list) If you mail or fax your complaint, be sure to send it to your nearest regional OCR.
You must be prepared to give your name and contact information or your claim won't be accepted.
