Health Information Privacy Complaint (Page 5 of 8) in pdf

NOTICE TO COMPLAINANTS AND OTHER

INDIVIDUALS ASKED TO SUPPLY INFORMATION

TO THE OFFICE FOR CIVIL RIGHTS

Privacy Act

The Privacy Act of 1974 (5 U.S.C. §552a) requires OCR to notify individuals whom it

asks to supply information that:

— OCR is authorized to solicit information under:

(i) Federal laws barring discrimination by recipients of Federal financial assistance on

grounds of race, color, national origin, disability, age, sex, religion under programs and

activities receiving Federal financial assistance from the U.S. Department of Health and

Human Services (HHS), including, but not limited to, Title VI of the Civil Rights Act of

1964 (42 U.S.C. §2000d et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.

§794), the Age Discrimination Act of 1975 (42 U.S.C. §6101 et seq.), Title IX of the

Education Amendments of 1972 (20 U.S.C. §1681 et seq.), and Sections 794 and 855 of

the Public Health Service Act (42 U.S.C. §§295m and 296g);

(ii) Titles VI and XVI of the Public Health Service Act (42 U.S.C. §§291 et seq. and 300s

et seq.) and 42 C.F.R. Part 124, Subpart G (Community Service obligations of Hill-

Burton facilities);

(iii) 45 C.F.R. Part 85, as it implements Section 504 of the Rehabilitation Act in programs

conducted by HHS; and

(iv) Title II of the Americans with Disabilities Act (42 U.S.C. §12131 et seq.) and

Department of Justice regulations at 28 C.F.R. Part 35, which give HHS "designated

agency" authority to investigate and resolve disability discrimination complaints against

certain public entities, defined as health and service agencies of state and local

governments, regardless of whether they receive federal financial assistance.

(v) The Standards for the Privacy of Individually Identifiable Health Information (The

Privacy Rule) at 45 C.F.R. Part 160 and Subparts A and E of Part 164, which enforce the

Health Insurance Portability and Accountability Act of 1996 (HIPAA) (42 U.S.C.

§1320d-2).

OCR will request information for the purpose of determining and securing compliance

with the Federal laws listed above. Disclosure of this requested information to OCR by

individuals who are not recipients of federal financial assistance is voluntary; however,

even individuals who voluntarily disclose information are subject to prosecution and

penalties under 18 U.S.C. § 1001 for making false statements.

Additionally, although disclosure is voluntary for individuals who are not recipients of

federal financial assistance, failure to provide OCR with requested information may

preclude OCR from making a compliance determination or enforcing the laws above.

Notice to Complainants and Other Individuals

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Health Information Privacy Complaint Page 5