CMS Issues Complaint Procedures for Investigating and Resolving Violations of the Aministrative Simplification Rules (HIPAA)

On March 25, 2005, the Centers for Medicare & Medicaid Services (CMS) issued the federal register notice setting forth the procedures for filing with the Secretary of the Department of Health and Human Services a complaint of non-compliance by a covered entity with certain provisions of the administrative simplification rules under 45 CFR parts 160, 162, and 164. The federal register notice also describes the procedures the Department employs to review the complaints.

The complaint procedures do not apply to the regulations adopted under section 264 of the Health
Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. L. 104–191, as amended, known as
the Privacy Rule. The Secretary has delegated to the Office for Civil Rights the authority to receive and investigate complaints as they may relate to the Privacy Rule codified at 45 CFR parts 160 and 164. For the purpose of this notice, ‘‘administrative simplification provisions’’ means the administrative simplification regulatory requirements under HIPAA, other than privacy.

The effective date of the rule is April 25, 2005.