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HIPAA Privacy Policies and Procedures
Complaints

DOEA is required by the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to develop and communicate to clients a process for filing complaints about DOEA’s privacy practices or perceived violations of the Privacy Rule standards and implementation specifications.

PROCEDURE

This procedure describes how to file a complaint either directly to the Agency or to the Secretary of the Department of Health and Human Services.

Complaints may include violations of the Agency’s privacy practices and not just violations of the Privacy rule itself.

DOEA must receive and document complaints, but no response is required.

DOEA must document complaints and their disposition, if any, and retain the records for six (6) years.

DOEA may not threaten, intimidate or retaliate against any individual filing a complaint.

If DOEA denies an individual access to his/her PHI (Protected Health Information), DOEA must describe in its denial how the individual may complain to the Secretary of DHHS and the Agency. It must include the name or title and telephone number of the person or office to which complaints may be made.

If DOEA denies an individual’s request to amend his/her PHI, DOEA must describe in its denial how the individual may complain to the Secretary of DHHS and the Agency. It must include the name or title and telephone number of the person or office to which complaints may be made.

You will not be penalized for filing a complaint.

Contact Information for the Department of Elder Affairs

Privacy Officer, Office of the General Counsel
Department of Elder Affairs
4040 Esplanade Way
Tallahassee, Fl 32399-7000
Voice Phone: 850-414-2000
FAX: 850-414-2004
TDD: 850-414-2001

Contact Information for the U. S. Department of Health and Human Services, Office for Civil Rights

Region VI, Office for Civil Rights
U.S. Department of Health and Human Services
Sam Nunn Atlanta Federal Center, Suite 3B70
61 Forsyth Street S.W.
Atlanta, Georgia 30303-8909
Voice Phone: 404-562-7886
FAX: 404-562-7881
TDD: 404-331-2867

Violations must be reported to the DOEA Privacy Officer, Office of the General Counsel.

Reference:

45 CFR 164.530


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