SECTION 340:2-8-14. Privacy complaints

(a)   A client or employee wishing to file a complaint regarding the use or disclosure of protected health information (PHI) is instructed to contact the Oklahoma Department of Human Services (DHS) privacy officer.

(b)   A client or employee who requests an alternative means of filing a complaint regarding the use or disclosure of PHI is instructed to contact the United States Department of Health and Human Services.

(c)   Per Section 160.316 of Title 45 of the Code of Federal Regulations, DHS must not intimidate, threaten, coerce, discriminate against, or take other retaliatory action against any individual for:

(1)   filing a privacy violation complaint;

(2)   testifying, assisting, or participating in an investigation, compliance review, proceeding, or hearing conducted by a government enforcement agency; or

(3)   opposing any act or practice made unlawful by the Health Insurance Portability and Accountability Act Privacy Rule, provided the manner of opposition does not involve a PHI disclosure.

[Source: Added at 20 Ok Reg 2907, eff 8-21-03 (emergency); Added at 21 Ok Reg 784, eff 4-26-04; Amended at 36 Ok Reg 1777, eff 9-16-19]