On Hospital Compliance
The privacy regulations of HIPAA require that each hospital have an internal process to allow an individual to file a complaint concerning the covered entity’s compliance with privacy policies and procedures. This requires hospitals to designate a contact person to be responsible for receiving and documenting the complaint as well as the disposition.
A formal response to the person is not required as part of this rule; therefore it is estimated that each complaint, even though rare, will take ten minutes to document.
Recent Data
Recent data reveals that the most frequent complaints received either by hospitals or ultimately by DHHS include the following:
- impermissible use or disclosure of individual PHI (most occurrences were curiosity or accidental, yet were reported);
- lack of safeguards to protect PHI;
- refusal or failure to provide an individual with access to or a copy of his or her record;
- disclosure of more information than is minimally necessary; and
- failure to have the individual’s valid authorization for a disclosure that requires one.
Assessment
Most hospitals have documented and logged such complaints; have reviewed the situation; and have resolved the problem internally.
Conclusion
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