District Court Appeals, Complaints And Requests For Reconsideration

The confidentiality of health information is defined in part by the Health Insurance Portability and Accountability Ac t (HIPAA), Sections 262 and 264 of Public Law 104-191, 42 USC 1320d, 110 Statutes at Large 2033-4, and 45 CFR Sections 160 and 164. (3-17-22) 01. Appeals to District Court. Anyone who is aggrieved by a denial of disclosure or amendment of a public record may file an appeal in the appropriate district court in compliance with the Idaho Public Records Act, Title 74, Chapter 1, Idaho Code. (3-17-22) 02. Complaints to Privacy Officer. Individuals who are dissatisfied with a Department decisio n regarding confidential information may file a written complaint with the Department’s Privacy Officer. Complaint s must be submitted to the Department’s Privacy Officer at the mailing address for the Department’s business office . The Privacy Officer determines if a complaint is valid and makes a recommendation for its resolution to the Department within twenty-eight (28) days after the complaint is received. (3-17-22) a. Secretary of Health and Human Services (HHS). Complaints that involve the use and disclosure o f health information may also be submitted to the Secretary of Health and Human Services at the following address : The U.S. Department of Health and Human Services, 200 Independence Avenue, S.W., Washington, DC 20201. (3-17-22) b. Time for filing complaints. Complaints must be filed within one hundred eighty (180) days fro m the date of the alleged violation. (3-17-22) 03. Request for Reconsideration to Access Health Information. The individual or legal representative may submit a written request for reconsideration to the Privacy Officer if access to health information is denied. (3-17-22) a. The request for reconsideration must be postmarked no later than twenty-eight (28) days after notice of the denial was mailed. (3-17-22) b. The reconsideration will be conducted by another licensed health care professional who did no t participate in the original decision. (3-17-22) c. The Department will notify the individual of the outcome of the review within twenty-eight (28 ) days after the request is received. (3-17-22) 008. -- 009. (RESERVED)