How to File Legal Action for a HIPAA Violation in California

Under HIPAA, your medical information is protected.

The Health Insurance Portability and Accountability Act was passed in 2003. The law protects the privacy of individuals with regard to their medical records. It limits the information that can be given out about your medical history and to whom it may be given. The law applies to all health-care providers, health-care insurance plans, and health-care clearinghouses. You may file a complaint only if the person or organization in violation of the privacy laws is one of these covered entities. There are five ways to file a HIPAA violation complaint in California.

Instructions

1. File a complaint with your doctor. Your health-care provider must give you information on how to file a complaint, and your doctor cannot take action against you or threaten you for filing a complaint.

2. File a complaint with the Office of Civil Rights in the Department of Health and Human Services. The form to file a complaint with the Office of Civil Rights is located under resources. You must file the complaint within 180 days of learning of the privacy violation. Mail your complaint form to:
   Office for Civil Rights, DHHS
   90 7th Street
   Suite 4-100
   San Francisco, CA 91403
   You may also file a complaint with this office by emailing [e-mail], or faxing 415-437-8329. If you choose not to use the complaint form below, be sure to include the following with your complaint: name, address, phone number, email address, complete contact information for the health-care entity responsible for the violation, and a description of the violation that occurred. The Office of Civil Rights can be reached at 800-368-1019.

3. File a complaint with the California Medical Board. Their complaint form is listed below under resources. You can also call the board at 800-633-2322 or 916-263-2424.

4. File a complaint with the California Medical Association. You should file the complaint with the county medical board where your doctor practices. The link to the county medical association nearest you is located below under resources.

5. File a complaint with the California Department of Health Services. The privacy complaint form is listed below under resources. Mail the complaint form to:
   Privacy Officer
   Department of Health Care Services
   c/o Office of Legal Services
   P.O. Box 997413
   MS 0010
   Sacramento, CA 95899-7413
   The California Department of Health Services can be reached at 916-445-2070.

References

• California State Guide to HIPAA

Resources

• Office of Civil Rights Complaint Form
• California Medical Board Complaint Form
• California Health and Human Services Privacy Complaint Form
• California Medical Association
• California State Guide to HIPAA