A federal investigation into an alleged unauthorized vaccination at a Midwestern school has prompted new scrutiny of how parents can assert their rights under federal privacy and civil rights laws.
The U.S. Department of Health and Human Services (HHS) announced on December 3 that it opened an investigation into a complaint alleging that a school vaccinated a child with a federally purchased vaccine despite a religious exemption filed under state law. According to the agency, the case raises questions about whether the school and the state agency overseeing it complied with requirements of the Vaccines for Children Program, which provides vaccines purchased by the Centers for Disease Control and Prevention.
Health and Human Services Secretary Robert F. Kennedy, Jr. said the action is part of a broader effort to reassert federal expectations. “Today, we are putting pediatric medical professionals on notice: you cannot sideline parents,” Kennedy said. “When providers ignore parental consent, violate exemptions to vaccine mandates, or keep parents in the dark about their children’s care, we will act decisively. We will use every tool at our disposal to protect families and restore accountability.”
Health and Human Services’ Office for Civil Rights will reportedly examine whether the school complied with federal rules requiring adherence to state religious and other vaccine exemptions as a condition of receiving federally supplied doses. It will also review how the state and school district process religious exemption requests, according to the announcement.
Health and Human Services Deputy Secretary and CDC Acting Director Jim O’Neill said the probe is intended to address concerns that federal immunization programs could override parental authority. “The Vaccines for Children Program should never circumvent parents’ rights,” O’Neill said.
Alongside the investigation, the Office for Civil Rights issued a Dear Colleague letter reminding providers that parents with legal authority to make medical decisions for their children are considered personal representatives under the Health Insurance Portability and Accountability Act Privacy Rule. The letter said such parents retain the right to access their children’s protected health information. HHS also said it is conducting compliance reviews of several large health systems to assess whether they are providing timely access to those records.
Health and Human Services said parents who believe their privacy rights or civil rights have been violated can file complaints with the Office for Civil Rights. Federal manuals outline separate processes for health information privacy complaints and civil rights complaints.
The Dallas Express has compiled these guides for individuals who believe their rights or their child’s rights have been violated.
How to File: Health Information Privacy & Civil Rights Complaints
| Health Information Privacy Complaint | Civil Rights Complaint |
|---|---|
| Must be filed in writing (mail, fax, email, or via OCR Complaint Portal). | Must be filed in writing (mail, fax, email, or via OCR Complaint Portal). |
| Must name the covered entity or business associate involved. | Must name the health care or social service provider involved. |
| Must describe the acts or omissions believed to violate the Privacy, Security, or Breach Notification Rules. | Must describe the acts or omissions believed to violate civil rights laws or regulations. |
| Must be filed within 180 days of when the complainant knew of the violation (extensions possible with “good cause”). | Must be filed within 180 days of when the complainant knew of the violation (extensions possible with “good cause”). |
| Can be submitted through the OCR Complaint Portal by completing the online form and electronic signature process. | Can be submitted through the OCR Complaint Portal by completing the online form and electronic signature process. |
| Option to print and mail or email the Health Information Privacy Complaint Form Package. | Option to print and mail or email the Civil Rights Discrimination Complaint Form Package. |
| Written complaints must include contact information, the entity accused, a description of what happened, and a signature. | Written complaints must include contact information, the entity accused, a description of what happened, and a signature. |
| Submit via OCR Complaint Portal → https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf | Submit via OCR Complaint Portal → https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf |
