Privacy Practices Complaints

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