How to File a Health Information Privacy or Security Complaint

When you believe your health information privacy or security rights have been violated—such as a potential breach of confidentiality, unauthorized disclosure, or inappropriate handling of your medical records—you have the right to file a formal complaint. The process is overseen by the Office for Civil Rights (OCR) under HIPAA regulations, and filing is free of cost. Key components of this process include submitting a detailed complaint (either online or in writing), completing a consent form, and keeping a copy for your records. For efficiency and faster processing, it is recommended to use the online OCR Complaint Portal. Tip: Always request and retain an itemized copy of your submitted complaint for your files.

Cost Breakdown for Filing a Complaint

• Filing Fee: $0 (filing a HIPAA complaint is free)
• Included Services: Case review, investigation by OCR, and protection from retaliation
• Potential Associated Costs: None required for filing. If you seek legal counsel or need document copies from your provider, there may be separate fees.

Insurance & Payment Advice

• Filing a HIPAA complaint does not require insurance and is free for all individuals.
• You are protected by federal law from retaliation by any covered entity (such as a hospital or insurance company) for filing a complaint.
• If you incur any costs in gathering documentation (e.g., medical records), you may request an itemized estimate from your provider.

Actionable Steps & Tips

1. Gather all relevant information regarding the incident (dates, names, details).
2. File your complaint online through the OCR Complaint Portal for the fastest response.
3. Complete the electronic consent form as part of the process.
4. Print and keep a copy of your complaint submission for your records.
5. Monitor your complaint status and respond promptly to any OCR requests for information.

Frequently Asked Questions

• Is there any cost to file a HIPAA health information privacy or security complaint? No, filing a HIPAA complaint with the OCR is free of charge.
• Who can file a health information privacy complaint? Anyone who believes their health information privacy or security rights have been violated can file a complaint, including patients and their representatives.
• How do I file a complaint most efficiently? Use the OCR online complaint portal, as it allows for the fastest processing and immediate confirmation.
• What information do I need to include in my complaint? Provide as much detail as possible, including your contact information, the entity involved, dates, and a description of the incident.
• What happens after I file a complaint? The OCR will review your complaint, may request more information, and will keep you informed about the status of your case.
• Can I be retaliated against for filing a complaint? No, HIPAA strictly prohibits any retaliation by covered entities for filing a complaint.
• How can I keep track of my complaint? You should print and save a copy of your complaint for your records, and you can contact OCR for updates as needed.
• Will I need legal representation to file a complaint? No, legal representation is not required to file a HIPAA complaint, though you may seek counsel if desired.
• Are there any deadlines for filing a complaint? Yes, you generally must file your complaint within 180 days of when you knew that the act or omission occurred.
• What if I need help filling out the form? The OCR website provides instructions, and you may contact their office for assistance if needed.

Complaint Requirements

Anyone can file a health information privacy or security complaint. Your complaint must:

• Be filed in writing by mail, fax, e-mail, or via the OCR Complaint Portal
• Name the covered entity or business associate involved, and describe the acts or omissions, you believed violated the requirements of the Privacy, Security, or Breach Notification Rules
• Be filed within 180 days of when you knew that the act or omission complained of occurred. OCR may extend the 180-day period if you can show “good cause”

HIPAA Prohibits Retaliation

Under HIPAA an entity cannot retaliate against you for filing a complaint. You should notify OCR immediately in the event of any retaliatory action.

File a Health Information Privacy Complaint Online 

Open the OCR Complaint Portal and select the type of complaint you would like to file. Complete as much information as possible, including:

• Information about you, the complainant
• Details of the complaint
• Any additional information that might help OCR when reviewing your complaint

You will then need to electronically sign the complaint and complete the consent form. After completing the consent form you will be able to print out a copy of your complaint to keep for your records

File a Health Information Privacy Complaint in Writing

NOTE:  in accordance with the Office for Personnel Management’s and CDC’s guidelines on COVID 19, HHS personnel are teleworking.  OCR is committed to handling your complaint as quickly as possible.  However, for faster processing we strongly encourage you to use the OCR online portal to file complaints rather than filing via mail as our personnel on site is limited.

File a Complaint Using the Health Information Privacy Complaint Form Package

Open and fill out the Health Information Privacy Complaint Form Package – PDF in PDF format. You will need Adobe Reader software to fill out the complaint and consent forms. You may either: 

• Print and mail the completed complaint and consent forms to:
  Centralized Case Management Operations
  U.S. Department of Health and Human Services
  200 Independence Avenue, S.W.
  Room 509F HHH Bldg.
  Washington, D.C. 20201
• Email the completed complaint and consent forms to OCRComplaint@hhs.gov (Please note that communication by unencrypted email presents a risk that personally identifiable information contained in such an email, may be intercepted by unauthorized third parties)

File A Complaint Without Using Our Health Information Privacy Complaint Package

If you prefer, you may submit a written complaint in your own format by either:

• Print and mail the completed complaint and consent forms to:
  Centralized Case Management Operations
  U.S. Department of Health and Human Services
  200 Independence Avenue, S.W.
  Room 509F HHH Bldg.
  Washington, D.C. 20201
• Email to OCRComplaint@hhs.gov

Be sure to include:

• Your name
• Full address
• Telephone numbers (include area code)
• E-mail address (if available)
• Name, full address and telephone number of the person, agency, or organization you believe violated your (or someone else’s) health information privacy rights or committed another violation of the Privacy or Security Rule
• Brief description of what happened. How, why, and when do you believe your (or someone else’s) health information privacy rights were violated, or how the Privacy or Security Rule otherwise was violated
• Any other relevant information
• Your signature and date of complaint

If you are filing a complaint on someone’s behalf, also provide the name of the person on whose behalf you are filing.

You may also include:

• If you need special accommodations for us to communicate with you about this complaint
• Contact information for someone who can help us reach you if we cannot reach you directly
• If you have filed your complaint somewhere else and where you’ve filed

File a Security Rule Complaint 

You may file a Security Rule complaint electronically via the OCR Complaint Portal, or using our Health Information Privacy Complaint Package – PDF.

If you mail or fax the complaint, be sure to send it to the appropriate OCR regional office based on where the alleged violation took place. OCR has ten regional offices, and each regional office covers specific states. Send your complaint to the attention of the OCR Regional Manager. You do not need to sign the complaint and consent forms when you submit them by e-mail because submission by e-mail represents your signature.

Before You File a Complaint

Don’t waste time filing a complaint we can’t investigate. Review these questions before filing a health information privacy or security complaint with OCR:

Are you filing a complaint against an entity that is required by law to comply with the Privacy and Security Rules? 

Not all entities are required to comply with the Privacy and Security Rules. OCR can only investigate the covered entities that must comply with these rules. Covered entities include most:

• Doctors
• Clinics
• Hospitals
• Psychologists
• Chiropractors
• Nursing Homes
• Pharmacies
• Dentists
• Health Insurance Companies
• Company Health Plans
• Medicare, Medicaid, and other government programs that pay for health care

Does your complaint describe an activity that might violate the Privacy or Security Rule?

If you are not sure, go ahead and file your complaint. But, OCR can only investigate complaints that allege an action or omission that fails to comply with the Privacy or Security Rules. For example, a doctor can send your medical test results to another doctor without your permission if the doctor needs the information to treat you; this is not a violation of the Privacy Rule, so we would not investigate a complaint that described this situation.

Did the activity occur after the Privacy and Security Rules took effect?

OCR cannot investigate Privacy Rule complaints that occurred before April 14, 2003 because compliance with the Privacy Rule was not required until that date. Similarly, OCR cannot investigate Security Rule complaints that occurred before April 20, 2005.

Are you willing to give OCR your name and contact information?

OCR does not investigate complaints filed without a name and contact information on the complaint. If you want OCR to keep your name and contact information confidential during the investigation, you may specify that on the consent form.