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Do I have any recourse if a HIPAA complaint with the DOJ OCR…

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Do I have any recourse...
Do I have any recourse if a HIPAA complaint with the DOJ OCR was mishandled; fraudulently & negligently? I submitted a legitimate HIPAA violation complaint & appeal with the Office of Civil Rights (OCR). The initial claim was closed with the OCR providing "technical assistance" to the provider. First, is providing "technical assistance" a common remedy to violations of HIPAA. Also, the provider did not correct the situation after being provided with "technical assistance", and I submitted a second complaint. The second complaint was dismissed with fraudulent documentation from the provider/OCR. I appealed that decision proving fraud, and the OCR misrepresented the facts and again dismissed the case. Is there anything I can do to hold the OCR accountable or make them conduct a proper investigation? I can prove negligence and fraud on their part as well as that of the provider.In addition, does the OCR have timelines by which they have to abide? For example, does the case need to be assigned to an investigator within a specified time frame and be investigated within a certain time frame?Finally, if I do have recourse, what is the statute of limitations to pursue that recourse?Thank you for your time and attention.
Submitted: 3 months ago.Category: Employment Law
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Answered in 14 hours by:
3/22/2018
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,426
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

Hello, after reviewing your question, I am of the opinion that I don't think that I would be able to help you. Accordingly, I'm going to let another expert take over and see if they have experience suing the OCR. Thanks!

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