Question

What should a pt. do when they believe their rights have been violated by a local hospital under HIPAA?

Answer 1

When a patient believes their HIPAA rights have been violated by a hospital, they should file a complaint with the hospital's privacy officer, and if unresolved, with the U.S. Department of Health and Human Services Office for Civil Rights. HIPAA provides protection from retaliation for filing a complaint, and patients may consider seeking legal advice.

Step-by-step explanation:

If a patient believes that their rights have been violated by a local hospital under the Health Insurance Portability and Accountability Act (HIPAA), they should take the following steps:

1. File a complaint with the hospital's privacy officer. Every hospital that is covered by HIPAA is required to have a privacy officer who handles complaints.
2. If the issue is not resolved at the hospital level, the patient has the right to file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights (OCR) which enforces HIPAA regulations.
3. It is important for patients to act quickly, as complaints must typically be filed within 180 days of when the patient knew that the violation occurred.

Additionally, HIPAA protects individuals from retaliation for filing a complaint. This means that the hospital cannot punish or discriminate against a person for asserting their privacy rights. Patients may also want to seek legal advice, especially for serious violations.