November 3, 1999 HIPAA Announcement:

OCR Report of HIPAA Complaints

05/24/04

The most recent numbers and categories of HIPAA Complaints filed with the OCR, as reported by Richard Campanelli of OCR (Office for Civil Rights):

Summary of HIPAA Privacy Rule Compliance Activities - as of February 29, 2004

-- Received by HHS Office of Civil Rights (OCR)

-- 4,755 complaints as of February 29, 2004.

-- 43% have been closed, because either

- Office for Civil Rights (OCR) lacks jurisdiction

- There was no violation of the Privacy Rule

- Complaint resolved through voluntary compliance

-- Most frequent complaints

-- Impermissible use or disclosure

-- Lack of adequate safeguards

-- Refusal or failure to provide right of access

-- Disclosures not limited to "minimum necessary" standard

-- Failure to provide Notice of Privacy Practices

-- 40 referrals to the Department of Justice (DOJ). OCR refers to the DOJ complaints involving the knowing disclosure or obtaining of protected health information in violation of the Privacy Rule.