[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR160.306]



[Page 712]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 160_GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents

 

                 Subpart C_Compliance and Investigations

 

Sec.  160.306  Complaints to the Secretary.



    (a) Right to file a complaint. A person who believes a covered 

entity is not complying with the administrative simplification 

provisions may file a complaint with the Secretary.

    (b) Requirements for filing complaints. Complaints under this 

section must meet the following requirements:

    (1) A complaint must be filed in writing, either on paper or 

electronically.

    (2) A complaint must name the person that is the subject of the 

complaint and describe the acts or omissions believed to be in violation 

of the applicable administrative simplification provision(s).

    (3) A complaint must be filed within 180 days of when the 

complainant knew or should have known that the act or omission 

complained of occurred, unless this time limit is waived by the 

Secretary for good cause shown.

    (4) The Secretary may prescribe additional procedures for the filing 

of complaints, as well as the place and manner of filing, by notice in 

the Federal Register.

    (c) Investigation. The Secretary may investigate complaints filed 

under this section. Such investigation may include a review of the 

pertinent policies, procedures, or practices of the covered entity and 

of the circumstances regarding any alleged violation. At the time of 

initial written communication with the covered entity about the 

complaint, the Secretary will describe the act(s) and/or omission(s) 

that are the basis of the complaint.