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DEPARTMENT OF HEALTH HUMAN SERVICES
Voice - (215) 861-4441, {215) 361-4440

{Fax} - [215) 861-4431 

OFFICE OF THE SECRETARY

Of?ce for Civil Rights, Region 111
S. Independence Mall West
Public Ledger Building, Suite 372
Philadelphia, PA 19106-91?
June 1, 2012

CVS Caremark
libiislibiinicl

One CVS Drive
Woonsocket, RI 02895



I Privacy Investigator

 

 

 

 

 

b6.bTC
Re: (H 

 

 

v. CVS Pharmacy

 

OCR. Transaction Number: 131257

 

Dear 

 

 

 

On July 7, 201 1, the Department of Health and Human Services (HHS), Of?ce for Civil Rights (OCR)
received complaint alleging that CVS Caremarlc was not in compliance with the Federal standards for
privacy of individually identi?able health information andlor the Security Standards for the Proteation of
Electronic Protected Health Inforr .12. Parts 160 and 164, $11pr A, C, and E, the Privacy
and Security Rules). Speci?cally, alleges that he was charged with disorderly conduct in
the CVS store in Chambersburg, PA back in April 2011 and the pharmacist, libli?llbliilicl 
impermissiny brought his records to the hearing and viewed by local sheriffs without legitimate cause.
This allegation could re?ect a violation of 45 CPR. regarding impermissible disclosure of
protected health information, and or 45 CPR. regarding safeguards.

 

 

OCR enforces the Privacy Rule, and also enforces Federal civil rights laws which prohibit
discrimination in the delivery of health and human services because of race, color, national origin,
disability, age, and under certain circumstances, sex and religion.

On March 13, 2012, OCR noti?ed CVS Caremark of the complaint.

We have reviewed the matters raised in the complaint. CVS provided OCR with the following
information: The concerns raised in the correspondence were reviewed with the appropriate ?eld
personnel and an investigation was conducted. Wheported that he had been threatened by
Wk} the stone and ibli?nblmicl  was arrested on the premises. The incident occurred as a

 

 

 

    
      
 

 

result ow contacting {bli?libliilim physician to discuss concerns related to prescription
history. CVS noted that i. tired to make an appearance in court during a heating
and took it upon himself to print prescription history and bring it to court. 

 

 

explained that as  was going through the security check, he was asked to

 

Page 2

empty the contents of his pockets and he removed the paper documents and
inadvertently left them behind in the court of?cer?s possession. When the material was
reviewed by the Sheriff, he attempted to return it to he denied that they
were his, and did reclaim the papenvork.

As a result of the incident, will be retrained on CVS Policy and
Procedures regarding use and disclosures of protected health information, however he is
currently on military leave of absence that began July 2011 and will not be back until
July 2016. in addition, the pharmacy team at the Chambershurg, PA location has been
retrained on the HIPAA Privacy Rules regarding this incident. Copies of Privacy
policy regarding use and disclosure of PHI have been provided to OCR for review. CVS
regrets the inconvenience this may have caused.

All matters raised by this complaint at the time it was ?led have now been resolved
through the voluntary compliance actions of CVS Carcinark. Therefore, OCR is closing
thiscase

determination as stated in this letter applies only to the allegations in this
complaint that were reviewed by OCR.

Under the Freedom of Information Act, we may be required to release this letter and
other information about this case upon request by the public. In the event OCR receives
such a request, we will make every effort, as permitted by law, to protect information
that identi?es individuals or that, if released, could constitute a clearly unwarranted
invasion of personal privacy.

If you have any questions, please contact Amy Kaplan, at (215) 361-4446.

Sincerely,

Mama. ?7

Marlene L. Rey
Acting Regional Manager