Part 2: Basic Patient Rights (FAQ 46 of 65)

Right to Complain to the Secretary of HHS

46. Can I File a Federal Complaint about a HIPAA Problem?

Yes. Any person who believes that a covered entity is not complying with the HIPAA privacy rule may file a complaint with the Office of Civil Rights at the Department of Health and Human Services. You do not have to be a patient of a health care provider or a beneficiary of a health insurance plan to file a complaint. For example, if you visit a relative in the hospital and see a violation, you can file a complaint.

You can find a fact sheet on the complaint process at www.hhs.gov/ocr/privacy/hipaa/complaints/index.html. The fact sheet lists addresses of then regional offices of the Office of Civil Rights that will accept your complaint. The toll free number for help with complaints is 1-800-368-1019.

You can use the complaint form at www.hhs.gov/ocr/privacy/hipaa/complaints/howtofileahealthinformationprivacycomplaintpkg.pdf or at www.hhs.gov/ocr/privacy/hipaa/complaints/index.html. You can submit a complaint online to OCRComplaint@hhs.gov.

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