The client has the right to file a complaint to the DHS Privacy Officer about DHS policies, procedures, and practices concerning PHI. See Appendix A for a copy of the PA 1802 Form, Complaint.
The client may send the complaint to:
Privacy/Client Information Officer
Department of Human Services
Office of General Counsel
3rd Floor West
Health and Welfare Building
Harrisburg, PA 17120
The client may also file the complaint directly to:
The Department of Health and Human Services
Office of Civil Rights
150 South Independence Mall West, Suite 372
Philadelphia, Pennsylvania 19106-3499
Or
The Secretary of Health and Human Services
200 Independence Avenue, SW
Washington, DC 20201
The complaint must be:
Filed within 180 days of when the client knew or should have known that the alleged violation happened.
Filed in writing or electronically. See Docushare for the PA 1802 Form, Complaint. Use of this form is not required.
The CAO will:
Help the client file the complaint, if necessary.
Not interfere or limit in any way the client’s right to make a complaint.
Cooperate with the Privacy Officer in investigating and resolving the complaint
Immediately forward complaints that are turned into the CAO to the Privacy Officer
The Privacy Officer will:
Investigate the person’s complaint; make findings of fact based on the circumstances of the complaint and document whether it is necessary to take corrective steps.
Make a final disposition within 90 days of receiving the complaint.
Keep a copy of the final disposition.
Send a copy of the final disposition to the person and, if necessary, the affected program office.
Keep a log of all complaints and their current disposition.
The client may appeal the decision of the privacy officer within 30 days of receiving the privacy officer’s decision. Appeals must be filed in writing to:
Department of Human Services
Bureau of Hearings and Appeals
2330 Vartan Way 2nd Floor
Harrisburg, PA 17110
Reissued July 15, 2006, replacing June 13, 2003; reviewed March 16, 2012