LOS ANGELES COUNTY
DEPARTMENT OF MENTAL HEALTH
  Policy 504.01 HIPAA Privacy Complaints
 
  PROCEDURES
  1. The complainant, with or without the assistance of a Patients' Rights Advocate (PRA), completes and submits the Health Insurance Portability and Accountability Act (HIPAA) Privacy Complaint Form to the Patients’ Rights Office.
    1. Upon receipt of a completed HIPAA Privacy Complaint Form, the Patients’ Rights Office staff shall log the information.
    2. PRA staff shall give a copy of the complaint to the DMH Privacy Officer for review and processing.
    In accord with DMH Policy 200.04 Beneficiary Problem Resolution, PRA shall:
    1. Provide to the complainant receipt of the complaint
    2. The acknowledgment shall:
      1. Include the date of receipt
      2. Provide the name, telephone number and address of the DMH representative the complainant may contact
      3. Inform the complainant within five (5) business days that their complaint has been received, by letter or phone call.
  3. The DMH Privacy Officer shall contact entities required in the HIPAA privacy complaint process.
    1. If the information results in a breach, the DMH Privacy Officer shall provide written notification of the breach to the client within thirty (30) business days of receipt.
    2. The Privacy Officer shall follow all applicable steps in accord with Policy 506.03 Responding to Breach of Protected Health Information.
  4. The Patients’ Rights Office shall consult with the DMH Privacy Officer, as needed.
  5. The DMH Privacy Officer shall conduct any additional investigation deemed necessary or appropriate, in their discretion.
  6. The DMH Privacy Officer shall consult with County Counsel as needed.
  7. All documents required to be created or completed under this policy and procedure shall be retained for a period of at least 10 years from the date of creation.