Op10.03-16 Anti-Retaliation

Applies to the Administrative Requirements of the Health Insurance Portability and Accountability Act of 1996. 45 CFR Section 164.530(g)


Individuals exercising their rights under the Health Insurance Portability and Accountability Acts Privacy provisions will not be subject to intimidating or retaliatory acts by the Employee Benefit Plan.

  • The Employee Benefit Plan will not intimidate, threaten, coerce, discriminate against, or take other retaliatory action against an individual for exercising their individual privacy rights or their participation in any process established by the Employee Benefit Plan’s privacy policies. This includes:
    • Filing a complaint with the Secretary of HHS;
    • Testifying, assisting, or participating in an investigation, compliance review, proceeding, or hearing; or
    • Opposing any act or practice in violation of the privacy rule, provided the individual or person has a good faith belief that the practice opposed violates the privacy rule, and the manner of the opposition is reasonable and does not involve an impermissible disclosure of PHI.

Effective Date: April 14, 2003