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DEPARTMENT OF HEALTH 3: Elith SERVICES OFFICE OF THE SECRETARY
fa, vaiee? Of?ce for Civil Rights, Region II
from? TDD - (212} 264-2355 Jaeab Javits Federal Building
(FAX) - (212) means as Federal Plaza, Suite 3312
h?pv?iwuwhhs ?inchl New York, NY 10273

HUN 2 6 2012

 



 

 

 

OCR Transaction Number: 12-133148

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Dear {ct

 

 

 

 

On October 6, 2011, the US. Department of Health and Human Services (HHS), Of?ce
for Civil Rights (OCR), Region It received your complaint atleging that Ptanned
Parenthood the covered entity, has violated the Federal Standards for Privacy of
Individually identifiable Health Information (45 C.F.R. Parts 160 and 164, Subans A
and E, the Privacy Rule). Specifically, you allege that in September 2011 a
workforce member of Planned Parenthood, located in Rome, New York, impermissiny
disclosed your protected health information to your sister?s friend. This allegation could
reflect a violation of 45 C.F.R. 164.510 and 

Thank you for bringing this matter to attention. Your complaint plays an integral
part in OC R?s enforcement efforts.

OCR enforces the Privacy. Security. and Breach Noti?cation Rules. and atso enforces
the 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.

A covered entity may not use or disclose protected health information except as
permitted or required by the Privacy Ruie. As long as an individual does not object, a
covered entity is allowed to share or discuss with the individual?s family. friends, or other
persons identified by the individual the protected health information that is directly
relevant to such person?s involvement with the individual's care or payment for care.
The covered entity may ask the individuals permission, may tell the individual that the
covered entity plans to discuss the information and give the individuai an opportunity to
object, or may decide, using the covered entity?s professional judgment, that the
individual does not object. However, in any of these cases, the covered entity may
discuss the information that the person involved needs to know about the
individual?s care or payment for their care.

The minimum necessary provision of the Privacy Rule also requires the covered entity
to limit access to protected health information by identifying the persons or classes of
persons within the covered entity who need access to the information to carry out their

 

 

 


Page 2 

 

 

 

iob duties. the categories or types of protected health information needed, and
conditions appropriate to such access.

Finally, a covered entity must provide a process for individuals to make complaints
concerning the covered entity?s policies and procedures required by the Privacy Rule or
its compliance with such policies and procedures or with the requirements of the Privacy
Rule. 45 C.F.R. 164.530 

We have carefully reviewed your complaint against Planned Parenthood and have
determined to resolve this matter informally through the provision of technical
assistance to Planned Parenthood. Should OCR receive a similar allegation of
noncompliance against Planned Parenthood in the future, OCR may initiate a formal
investigation of that matter.

Based on the foregoing, OCR is closing this case without further action, effective the
date of this letter. OCR's 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 ever 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 regarding this matter, please contact Cheylisia Edwards,
Investigator, at (212) 264-4148 (Voice) or (212) 

Sincerely,

(?eece 

Linda C. Colon
Regional Manager

 

 

 

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DEPARTMENT OF HEALTH HUTVIAN SERVICES OFFICE OF THE SECRETARY

 

Voice - (212) 264?3313. (soc) ass?1019 Of?ce [or Civil Rights, Region 
TDD 4212112544355 Jacob Javits Federal Building
(FAX) (212) 264-3039 26 Federal Plaza, Suite 3312

?ied! New York, NY 10278

 

libit?htbitfitGi I

JUN 2 6 201.2

 



Privacy Officer
Planned Parenthood
1424 Genesee Street
Utica, NY 13502

OCR Transaction Number: 12-133148

Dear 

On October 6, 2011 the US. Department of Health and Human Services (HHS), Office for Civil
Rights (OCR), Region ll received a complaint alleging that Planned Parenthood, the covered
entity, has violated the Federal Standards for Privacy of Individually Identifiable Health
Information (45 C.F.R. Parts 160 and 164, Subparts A and E, the Privacy Rule). Specifically,
the complainant, alleges that in September 2011, a workforce member of
Planned Parenthood. located in Rome, New York, impennissibly disclosed the complainant?s
protected health information to her sister?s friend. This allegation could reflect a violation
of 45 C.F.R. 164.510 and 164.530tc).

OCR enforces the Privacy, Security, and Breach Notification Rules, and also enforces the
Federal civil rights laws which prohibitdiscrimination in the delivery of health and human
services because of race, color, national origin, disability, age, and under certain circumstances.
sex and religion.

Pursuant to the Privacy Rule, a covered entity may not use or disclose protected health
information (PHI) except as permitted or required by the Privacy Rule. As long as an individual
does not object, a covered entity is allowed to share or discuss the individuals health
information with the individual?s family, friends, or others involved in the individual?s care or
payment for their care. The covered entity may ask the individual?s permission, may tell the
individual that the covered entity plans to discuss the information and give the individual an
opportunity to object, or may decide, using the covered entity's professional judgment, that the
individual does not object. However, in any of these cases, the covered entity may discuss o_nly
the information that the person involved needs to know about the individuals care or payment
for their care.

The minimum necessary provision of the Privacy Rule also requires the covered entity to limit
access to protected health information by identifying the persons or classes of persons within
the covered entity who need access to the information to carry out their job duties. the
categories or types of protected health information needed. and conditions appropriate to such
access. .

Finally, a covered entity must provide a process for individuals to make complaints concerning
the covered entity?s poiicies and procedures required by the Privacy Rule or its compliance with
such policies and procedures or with the requirements of the Privacy Rule. 45 C.F.R. 164.530



 

 

 

 

page 2 I

 

in this matter. the complainant alleges that the complainant's PHI was impen'nissibly disclosed
to a member of the complainant's family or to an acquaintance of the complainant or that the
complainant?s PHI was otherwise impennissibly used by an employee of Planned Parenthood.
Pursuant to its authority under 45 C.F.R. 160.304(a) and OCR has determined to resolve
this matter informally through the provision of technical assistance to Planned Parenthood. To
that end, OCR has enclosed material explaining the Privacy Rule provisions related to
Disclosures to Family and Friends, the Minimum Necessary Requirement, and Reasonable
Safeguards.

It is our expectation that you will review these materials closely and share them with your staff
as part of the Health Insurance Portability and Accountability Act (HIPAA) training you provide to
your workforce. It is also our expectation that you will assess and determine whether there may
have been an incident of noncompliance as alleged by the complainant in this matter, and, if so,
to take the steps necessary to ensure such noncompliance does not occur in the future. Please
contact OCR if you need further information regarding the. allegations in this matter. Should
OCR receive a similar allegation of noncompliance against Planned Parenthood, OCR may
initiate a formal investigation of that matter.

Based on the forgoing, OCR is closing this case without further action. effective the date of this
letter. OCR's 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

pnvacy.

if you have any questions regarding this matter, please contact Cheylisia Edwards, Investigator,

at (212) 264-4148 {Voice} or (212) 264-3039 (TDD).
CQU

- Linda C. Colon
Regional Manager

Sincerely,

Enclosures: Disciosures to Family and Friends
The Minimum Necessary Requirement
Reasonable Safeguards