[Federal Register Volume 68, Number 54 (Thursday, March 20, 2003)]
[Notices]
[Pages 13711-13712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6651]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office for Civil Rights


Notice of Addresses for Submission of HIPAA Health Information 
Privacy Complaints

AGENCY: Office for Civil Rights, HHS.

ACTION: Notification of addresses for submission of HIPAA Health 
Information Privacy Complaints for violations occurring on or after 
April 14, 2003.

-----------------------------------------------------------------------

SUMMARY: This notice sets out the addresses for filing a complaint with 
the Secretary of the Department of Health and Human Services, for non-
compliance by a covered entity with the standards for privacy of 
individually identifiable health information under 45 CFR parts 160 and 
164 (the Privacy Rule). The Privacy Rule implements certain provisions 
of the Administrative Simplification subtitle of the Health Insurance 
Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191. 
Complaints must be submitted in writing to the Office for Civil Rights 
at the appropriate address, as described below.

EFFECTIVE DATE: April 14, 2003.

ADDRESSES: See SUPPLEMENTARY INFORMATION section for the list of 
addresses for filing complaints.

SUPPLEMENTARY INFORMATION: 45 CFR section 160.306 establishes general 
provisions for submission of complaints against a covered entity for 
non-compliance with the HIPAA Privacy Rule. A person who believes a 
covered entity is not complying with these requirements may file a 
complaint with the Secretary. A covered entity is a health plan, health 
care clearinghouse, and any health care provider who conducts certain 
health care transactions electronically. Complaints to the Secretary 
must: (1) Be filed in writing, either on paper or electronically; (2) 
name the entity that is the subject of the complaint and describe the 
acts or omissions believed to be in violation of the applicable 
requirements of part 160 or the applicable standards, requirements, and 
implementation specifications of subpart E of part 164; and (3) be 
filed within 180 days of when the complainant knew or should have known 
that the act or omission complained of occurred, unless this time limit 
is waived by the Office for Civil Rights for good cause shown. 
Complaints to the Secretary may be filed only with respect to alleged 
violations occurring on or after April 14, 2003.
    The Secretary has delegated to the Office for Civil Rights (OCR) 
the authority to receive and investigate complaints as they may relate 
to the Privacy Rule. See 65 FR 82381 (Dec. 28, 2000). Individuals may 
file written complaints with OCR by mail, fax or e-mail at the 
addresses listed below. Individuals may, but are not required to, use 
OCR's Health Information Privacy Complaint Form. To obtain a copy of 
this form, or for more information about the Privacy Rule or how to 
file a complaint with OCR, contact any OCR office or go to www.hhs.gov/ocr/hipaa/ hipaa/. For more information on what entities are covered by 
HIPAA, go to www.cms/hipaa/hipaa2/support/tools/decisionsupport/
default.asp.
    As listed below, health information privacy complaints to the 
Secretary should be addressed to the OCR regional office that is 
responsible for matters relating to the Privacy Rule arising in the 
State or jurisdiction where the covered entity is located. Complaints 
may also be filed via email at the address noted below.

Where To File Complaints Concerning Health Information Privacy

    For complaints involving covered entities located in Connecticut, 
Maine, Massachusetts, New Hampshire, Rhode Island, or Vermont:

Region I, Office for Civil Rights, U.S. Department of Health and Human 
Services, Government Center, J.F. Kennedy Federal Building--Room 1875, 
Boston, Massachusetts 02203. Voice phone (617) 565-1340. FAX (617) 565-
3809. TDD (617) 565-1343.

    For complaints involving covered entities located in New Jersey, 
New York, Puerto Rico, or Virgin Islands:

Region II, Office for Civil Rights, U.S. Department of Health and Human 
Services, Jacob Javits Federal Building, 26 Federal Plaza--Suite 3312, 
New York, New York, 10278. Voice Phone (212) 264-3313. FAX (212) 264-
3039. TDD (212) 264-2355.

    For complaints involving covered entities located in Delaware, 
District of Columbia, Maryland, Pennsylvania, Virginia, or West 
Virginia:

Region III, Office for Civil Rights, U.S. Department of Health and 
Human Services, 150 S. Independence Mall West, Suite 372, Public Ledger 
Building, Philadelphia, PA 19106-9111. Main Line (215) 861-4441. 
Hotline (800) 368-1019. FAX (215) 861-4431. TDD (215) 861-4440.

    For complaints involving covered entities located in Alabama, 
Florida, Georgia, Kentucky, Mississippi, North Carolina, South 
Carolina, or Tennessee:

Region IV, Office for Civil Rights, U.S. Department of Health and Human 
Services, Atlanta Federal Center, Suite 3B70, 61 Forsyth Street, SW., 
Atlanta, GA 30303-8909. Voice Phone (404) 562-7886. FAX (404) 562-7881. 
TDD (404) 331-2867.

    For complaints involving covered entities located in Illinois, 
Indiana, Michigan, Minnesota, Ohio, or Wisconsin:

Region V, Office for Civil Rights, U.S. Department of Health and Human 
Services, 233 N. Michigan Ave., Suite 240, Chicago, Ill. 60601. Voice 
Phone (312) 886-2359. FAX (312) 886-1807. TDD (312) 353-5693.

    For complaints involving covered entities located in Arkansas, 
Louisiana, New Mexico, Oklahoma, or Texas:

Region VI, Office for Civil Rights, U.S. Department of Health and Human 
Services, 1301 Young Street, Suite 1169, Dallas, TX 75202. Voice Phone 
(214) 767-4056. FAX (214) 767-0432. TDD (214) 767-8940.

    For complaints involving covered entities located in Iowa, Kansas, 
Missouri, or Nebraska:

Region VII, Office for Civil Rights, U.S. Department of Health and 
Human Services, 601 East 12th Street--Room 248, Kansas City, Missouri 
64106. Voice Phone (816) 426-7278. FAX (816) 426-3686. TDD (816) 426-
7065.

    For complaints involving covered entities located in Colorado, 
Montana, North Dakota, South Dakota, Utah, or Wyoming:

Region VIII, Office for Civil Rights, U.S. Department of Health and 
Human Services, 1961 Stout Street--Room 1185 FOB, Denver, CO 80294-
3538. Voice Phone (303) 844-2024. FAX (303) 844-2025. TDD (303) 844-
3439.

    For complaints involving covered entities located in American 
Samoa, Arizona, California, Guam, Hawaii, or Nevada:

Region IX, Office for Civil Rights, U.S. Department of Health and Human 
Services, 50 United Nations Plaza--

[[Page 13712]]

Room 322, San Francisco, CA 94102. Voice Phone (415) 437-8310. FAX 
(415) 437-8329. TDD (415) 437-8311.

    For complaints involving covered entities located in Alaska, Idaho, 
Oregon, or Washington:

Region X, Office for Civil Rights, U.S. Department of Health and Human 
Services, 2201 Sixth Avenue--Suite 900, Seattle, Washington 98121-1831. 
Voice Phone (206) 615-2287. FAX (206) 615-2297. TDD (206) 615-2296.

    For all complaints filed by e-mail send to: [email protected].

FOR FURTHER INFORMATION CONTACT: Lester Coffer, Office for Civil 
Rights, Department of Health and Human Services, Mail Stop Room 506F, 
Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, 
DC 20201. Telephone number: (202) 205-8725.

    Dated: March 12, 2003.
Richard M. Campanelli,
Director, Office for Civil Rights.
[FR Doc. 03-6651 Filed 3-19-03; 8:45 am]
BILLING CODE 4153-01-P