Complaint Processing

If an individual believes his or her HIPAA rights have been violated, they may file a complaint with Austin Community College (ACC) or with the Secretary of the U.S. Department of Health and Human Services. The complaint must be in writing, must specify the entity that is the subject of the complaint, and must describe the acts or omissions believed to be in violation of the individual’s privacy rights. The complaint must be filed within 180 days of when the individual or the individual’s personal representative knew or should have known that the act had occurred.

See Privacy Practices

ACC employees/students who are aware of a privacy rights violation are required to immediately report the violation to their respective supervisor. The supervisor is then required to report the violation to the ACC HIPAA Privacy Officer.

The contact information for the ACC HIPAA Privacy Officer is:

ACC HIPAA Privacy Officer
Patricia Recek, Assistant Dean, Health Sciences
Eastview Campus
3401 Webberville Road
Austin, TX 78702
[email protected]
(512) 223-5863

To File a Complaint with the Office for Civil Rights

http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html

Submitting a Complaint with ACC

ACC will not intimidate or retaliate against any person who files a complaint about the treatment of his or her protected health information.

Complaints may be initially accepted in a variety of forms, including by letter, email, telephone conversation, or in person. If the complaint is not initially submitted in writing, the recipient will document the essence of the complaint in order to ensure that the complaint is captured in its entirety.

  1. Written complaints, received by letter, email, or complaint form, will be directed to the ACC HIPAA Privacy Officer. A copy of the complaint will be forwarded to the respective ACC HIPAA Component administrator.
  2. Telephone complaints will be forwarded to the ACC HIPAA Privacy Officer. If the caller is not amenable to submitting his/her complaint in writing, the ACC HIPAA Privacy Officer or his/her representative will record the caller’s complaint. A written copy of the complaint will be forwarded to the respective ACC HIPAA Component administrator.
  3. In-person complaints will be directed to the ACC HIPAA Privacy Officer. The person making the complaint will be asked to submit his/her complaint in writing. If the person making the complaint is not amenable to submitting the complaint in writing then the ACC HIPAA Privacy Officer or his/her representative will record the complaint. A written copy of the complaint will be forwarded to respective ACC HIPAA Component administrator.

Investigating the Complaint

The ACC HIPAA Privacy Officer will initiate and coordinate the complaint investigation. The Privacy Officer will seek advice, consultation, review, and approval of the ACC HIPAA Task Force regarding the investigation, management, discipline, and disposition of the complaint.

  1. The ACC HIPAA Privacy Officer will respond to the complainant within ten (10) business days acknowledging the receipt of the complaint.
  2. The ACC HIPAA Privacy Officer will send a letter, (or email, if email was the way the complaint was communicated) providing a date by which he/she expects the resolution of the complaint to be completed.
  3. Investigations will be managed in a timely manner (e.g., within 30 days of the date the complaint was received by the ACC HIPAA Privacy Officer). If the resolution of the complaint cannot be completed within 30 days, the ACC HIPAA Privacy Officer will communicate the revised expected resolution date to the complainant.

Complaint Documentation

The ACC HIPAA Privacy Officer and the related ACC HIPAA Components, as appropriate, will maintain all original documentation and supporting information of the complaint investigation. Documentation will be retained for at least six (6) years from the date the complaint was received.

Complaint Reporting

The ACC HIPAA Privacy Officer will provide regular reports to the ACC HIPAA Task Force regarding specific complaints received, and complaint trends and frequencies. The ACC HIPAA Task Force will use this information to initiate changes in College policies and procedures.

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