Unit 4: Privacy or Security Complaint
1/20/2015
IS3350
Mr. Pragel
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was created to develop regulations to protect the privacy and security of certain health information; which shouldn’t be accessible to individuals without the need to know. The U.S. Department of Health and Human Services (HHS) is responsible for HIPAA compliance within the Privacy Rule as well as the Security Rule. This Privacy Rule develops national standards for protecting certain health information while the Security Rule establishes a national set of security standards for protecting specific health information that is held or transferred in electronic form. The Patient Safety Act and Rule establish a voluntary system for Patient Safety Organizations (PSOs) to analyze data they receive from health care providers regarding medical errors and other patient safety events to improve patient safety and the provision of quality health care. To encourage provider reporting, the Patient Safety Act and Rule include Federal privilege and confidentiality protections for patient safety work product (PSWP). Information submitted to, and developed by, these PSOs is protected as PSWP.
One of the critical filing sections of the form, needing attention while filing the complaint, is having your complaint filed in writing, either by mail, fax or electronically to have records of the complaint. You are also required to name the covered entity involved in your complaint while reviewing whichever requirements being violated in the Privacy and/or Security Rule. It also requires the complaint being filed within 180 days of when you knew that the act or omission happened. OCR may extend the 180-day period if you have good reason for the extension. HIPAA also prohibits retaliation. This means that anything under HIPAA cannot retaliate against you for complaining. If any retaliation activity occurs, you are