Filing a HIPAA Privacy Complaint

Filing a  Privacy Complaint
How to File a Privacy Complaint.

Procedures for Making a Complaint

A covered entity must have a procedure for filing a HIPAA privacy complaint by individuals regarding its privacy practices or for an alleged violation of the Privacy Rule.  Most importantly the Notice of Privacy Practices must contain contact information for the covered entity’s privacy officer and information on how to submit a complaint to the Office for Civil Rights.  In addition,  an organization must file complaints within 180 days of when you knew the violation occurred.

Privacy Officer

The privacy officer or designee investigates all complaints involving privacy of protected health information.   The organization should maintain records on the complaints and their resolution. The Privacy Officer will determine whether or not there has been a violation or a breach of unsecured PHI.  In a filing to the OCR, there should be information about the complainant.  There should be details of the complaint and any additional information that might help OCR when reviewing the complaint.

On behalf of the covered entity, the Privacy Officer will respond to inquiries initiated by the Office for Civll Rights as it investigates complaints.

No Retaliation for Filing a Privacy Complaint

Above all an organization must not retaliate for filing a HIPAA privacy complaint under the HIPAA rules. Most importantly, an organization must encourage employees to file a complaint if they feel a violation took place. Finally, an organization must resolve and prevent them from happening again which helps protect the organization.  On the other hand, an employee may complain directly to the OCR if retaliatory action occurred.

In conclusion there must be a good process for filing a privacy complaint and there should be not retaliation for doing so.

This is your HIPAA ABCs brought to you by HIPAA Associates.  Contact us for more information on this important topic.

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HIPAA and Social Media can be Problematical

HIPAA and Social Media
Social Media and HIPAA

 

Benefits of Social Media

Social media offers many benefits for health care organizations because it allows interaction with patients and others.  It offers education, and services.  As a result, it is an essential communication and marketing tool and part of strategic marketing plans.  Due to this organizations turn to social media to communicate with their employees. Unfortunately HIPAA and Social Media can be problematical.

Authorization to use PHI

It is possible to violate HIPAA Rules and patient privacy while using social media, if not managed correctly.  Due to this it is important for health care organizations to disclose protected health information carefully.   An organization must do so only with patient authorization for interviews, photographs and marketing communications.

Media Posts May Risk Privacy

Posts of PHI done by employees will violate the HIPAA Rules and result in a reportable breach of PHI. Social media posts are not a permissible use or disclosure of PHI.   The ability to post simultaneously in several platforms increases the risk for an organization. Remember that to de-identify PHI,  all 18 identifiers must be removed.   There must also be low risk it could be used to identify the patient. Facial images, and other identifiers such as tattoos must also be removed.    Learn more.

Preventing HIPAA Privacy Risk

Employees should be trained on the dangers of using social media inappropriately from the very onset of their employment.  Many organizations deal with the issue through development of a social media use policy.   They also monitor social media activity.  If not addressed, HIPAA and Social Media can be problematical.