Health Information Privacy Complaint (Page 6 of 8) in pdf

Health Information Privacy Complaint Page 6

OCR has the authority to disclose personal information collected during an investigation

without the individual’s consent for the following routine uses:

(i) to make disclosures to OCR contractors who are required to maintain Privacy Act

safeguards with respect to such records;

(ii) for disclosure to a congressional office from the record of an individual in response to

an inquiry made at the request of the individual;

(iii) to make disclosures to the Department of Justice to permit effective defense of

litigation; and

(iv) to make disclosures to the appropriate agency in the event that records maintained by

OCR to carry out its functions indicate a violation or potential violation of law.

Under 5 U.S.C. §552a(k)(2) and the HHS Privacy Act regulations at 45 C.F.R. §5b.11

OCR complaint records have been exempted as investigatory material compiled for law

enforcement purposes from certain Privacy Act access, amendment, correction and

notification requirements.

Freedom of Information Act

A complainant, the recipient or any member of the public may request release of OCR

records under the Freedom of Information Act (5 U.S.C. §552) (FOIA) and HHS

regulations at 45 C.F.R. Part 5.

Fraud and False Statements

Federal law, at 18 U.S.C. §1001, authorizes prosecution and penalties of fine or

imprisonment for conviction of "whoever, in any matter within the jurisdiction of any

department or agency of the United States knowingly and willfully falsifies, conceals or

covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or

fraudulent statements or representations or makes or uses any false writing or document

knowing the same to contain any false, fictitious, or fraudulent statement or entry".

Notice to Complainants and Other Individuals

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Health Information Privacy Complaint Page 6