Q: Isn't OCR/HHS complaint consent form voluntary and unconstitutional (concealing information/ nonfesance)?
".. if you are filing a complaint for someone else" OCR/HHS required documentation, once I proved heir at law, I'm filing on both our behalf, the issue became; "The consent form authorizes OCR to release the aggrieved party’s name to the entity under investigation and to obtain information about the aggrieved party’s individual situation. Because we have not received consent, we are unable to proceed with this matter and have closed this case." I want to consent for investigation purposes only, additionally, OCR may disclose information, medical records, other personal information, which it has gathered during the course of its investigation in order to comply with a request under FOIA," release information without, permission, can withhold information from you in order to protect the identities of witnesses and other sources of information.
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A:
The OCR/HHS consent form is designed to ensure transparency and legal compliance during an investigation. When filing a complaint on behalf of someone else, the form allows the agency to obtain necessary information about the aggrieved party's situation. This process is critical for a thorough investigation and ensures that the rights and details of the person you are representing are accurately considered.
You can limit your consent to investigation purposes only, specifying that you do not want certain information to be released beyond what is necessary for the investigation. While OCR may disclose information gathered during the investigation to comply with FOIA, they also have measures in place to protect the identities of witnesses and other sources of information. This balance helps maintain the integrity and confidentiality of the investigation.
If you believe the requirement for the consent form or any part of the process is unconstitutional or unfair, you might consider seeking legal advice to explore your options. Addressing these concerns through legal channels can provide a more precise interpretation and potential actions you can take to protect your rights and the rights of the person you represent.
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