Other Health Professions Complaint FAQs

• What are examples of things the Department and the boards and commissions cannot do?

• Who do I contact if I disagree with my billing statement?

• My health care provider is rude. Is there anything I can do about it?

• Do I have to be the patient in order to file a complaint?

• What part will I play after filing a complaint?

• How long will it take to resolve my complaint?

• Can I be sued for filing a report?

• Is there a time limit to file a complaint?

• Should I file a malpractice suit or just report a health care provider?

• Can I make a complaint without giving my name?

• If I file a complaint against a health care provider and it results in disciplinary action, what kind of compensation can I get from the board or commission, Department of Health, or the individual?

• Can the board send a health care provider to jail?

• My health care provider told me that they don't want me as a patient anymore. Can they do that?

• What happens if the health care provider doesn't respond to the Department of Health about my complaint?

• Can a health care provider refuse to give me copies of my medical records because of an outstanding balance?

• How do I find out how my complaint is progressing?

What are examples of things the Department and the boards and commissions cannot do?

• Help you bring suit against a health care provider for money.

• Handle a fee dispute between you and your health care provider.

• Discipline health care providers not required to be regulated by DOH.

• Get money back you feel is owed to you.

• Resolve questions about disability compensation or insurance reimbursement.

• Resolve issues involving rudeness by a health care provider or their staff.

• Resolve issues involving typing errors, miscommunication, or a mistake of facts.

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Who do I contact if I disagree with my billing statement?

Contact the health care provider. The Department and boards and commissions do not handle billing disputes unless fraud appears to be involved.

My health care provider is rude. Is there anything I can do about it?

Rudeness is not a violation of the law. However, actions that mislead, harm or are of a sexual nature are considered to be unprofessional conduct and should be reported to the department. If you are simply not comfortable with your provider, another option may be to find one more suitable for you.

Do I have to be the patient in order to file a complaint?

Anyone who has knowledge of a health care provider unprofessional conduct may file a report.

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What part will I play after filing a complaint?

Additional information may be asked of you, either by letter or interview. You may be asked to sign a release form to waive your right to confidentiality for investigation of your complaint. You may be required to testify if a formal hearing is necessary.

How long will it take to resolve my complaint?

The time will vary depending on the nature of the complaint and the complexity of the case. Patience is needed when dealing with the many legal and health issues involved. Cases may take as little as a few weeks or, in some cases, as long as two years.

Can I be sued for filing a report?

No. A person who files a compliant or reports unprofessional conduct is immune from suit in any civil action related to the filing or contents of the complaint.

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Is there a time limit to file a complaint?

No. There is no statutory time limit in which to file a complaint; however, it is possible that a case cannot be acted upon because the information needed to make a decision is no longer available. It is best to report as soon as possible so the records can be obtained and potential witnesses can be located. It is a good idea to make a written note of the circumstances soon after the experience so facts are not forgotten. When submitting a complaint, be as specific as you can with the facts and dates.

Should I file a malpractice suit or just report a health care provider?

This is a decision that you must make. You may seek legal advice and file a report with the department at the same time.

Can I make a complaint without giving my name?

Complaints that do not include the name of the person involved are difficult to investigate. As a complainant, your name will not be disclosed to anyone without your permission. Your consent may be necessary if your medical records are needed for the investigation. In that event, you would be asked to complete a release form and would be given the necessary information to make a decision. The names of patients are not released to the public.

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If I file a complaint against a health care provider and it results in disciplinary action, what kind of compensation can I get from the board or commission, Department of Health or the individual?

Under some circumstances, we can require a health care provider to refund fees collected from the consumer. However, we do not have jurisdiction in matters of malpractice compensation. That must be pursued in civil court.

Can the board send a health care provider to jail?

No. Neither the department or the boards or commissions have the authority to invoke or enforce criminal or civil penalties. Authority is limited to taking corrective action against a health care provider?s credential to prevent harm to patients.

My health care provider told me they don?t want me as a patient anymore. Can they do that?

If you do not have an acute problem where a lack of immediate follow-up would be dangerous to your health, health care providers can end the relationship.

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What happens if the health care provider or facility doesn?t respond to the Department of Health about my complaint?

Failing to cooperate with an investigation is a violation of the law. The Department and boards and commissions can discipline them for not responding.

Can a health care provider refuse to give me copies of my medical records because of an outstanding balance?

A provider may charge a copying fee before the records are released, but cannot withhold records because of an outstanding balance on your account.

How do I find out how my complaint is progressing?

Details of an ongoing investigation will not be given, but you can call to receive an update on the general status of your complaint. We have set limits as to how long a complaint can take in each step of the disciplinary process. However, please remember that due to the legal and medical issues involved, the disciplinary process can be lengthy and your patience is appreciated.

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