Idaho Admin. Code r. 16.05.01.007 - DISTRICT COURT APPEALS, COMPLAINTS AND REQUESTS FOR RECONSIDERATION

The confidentiality of health information is defined in part by the Health Insurance Portability and Accountability Act (HIPAA), Sections 262 and 264 of Public Law 104-191, 42 USC 1320d, 110 Statutes at Large 2033-4, and 45 CFR Sections 160 and 164. (3-17-22)

01. Appeals to District Court. Anyone who is aggrieved by a denial of disclosure or amendment of a public record may file an appeal in the appropriate district court in compliance with the Idaho Public Records Act, Title 74, Chapter 1, Idaho Code. (3-17-22)

02. Complaints to Privacy Officer. Individuals who are dissatisfied with a Department decision regarding confidential information may file a written complaint with the Department's Privacy Officer. Complaints must be submitted to the Department's Privacy Officer at the mailing address for the Department's business office. The Privacy Officer determines if a complaint is valid and makes a recommendation for its resolution to the Department within twenty-eight (28) days after the complaint is received. (3-17-22)

a. Secretary of Health and Human Services (HHS). Complaints that involve the use and disclosure of health information may also be submitted to the Secretary of Health and Human Services at the following address: The U.S. Department of Health and Human Services, 200 Independence Avenue, S.W., Washington, DC 20201. (3-17-22)

b. Time for filing complaints. Complaints must be filed within one hundred eighty (180) days from the date of the alleged violation. (3-17-22)

03. Request for Reconsideration to Access Health Information. The individual or legal representative may submit a written request for reconsideration to the Privacy Officer if access to health information is denied. (3-17-22)

a. The request for reconsideration must be postmarked no later than twenty-eight (28) days after notice of the denial was mailed. (3-17-22)

b. The reconsideration will be conducted by another licensed health care professional who did not participate in the original decision. (3-17-22)

c. The Department will notify the individual of the outcome of the review within twenty-eight (28) days after the request is received. (3-17-22)

Notes

Idaho Admin. Code r. 16.05.01.007