a? ?W?s mu SER omen on THE 1 voice [617} 555-1340, TDD [617) 555- 1343 FAX (517) 565-3309, h?gz?uwwhils. Of?ce for Civil Rights, Region I ?an. JFK Federal Building. Room ms Government Center MAY 0 8 Boston, MA 02203-0002 {bil?llbilil'ici Coordinator Privacy Investigations One CVS Drive Woonsocket, RI 02895 Our Reference number: 01-12-134233 Dear {bli?llbimlcl On November 2, 2011, the U.S. Department of Health and Human Services (HHS), Of?ce for Civil Rights (OCR) received a complaint alleging that the CVS pharmacy located at Quaker Meetinghouse Road, Sandwich, MA (CVS) is not in compliance with the Federal Standards for Privacy of Individually Protected Health Information andfor the Security Standards for the Protection of Electronic and Security Rules (45 C.F.R. Parts 160 and 164, Subparts A, C, and E, the Privacy and Security Rules). Speci?cally the complainant alleges that an employee hnpermissibly disclosed the complainant?s protected health information(PHI) when they handed to the complainant?s mother a medication that the complainant had already picked up. On a previous occasion, an employee attempted to give to the complainant medication for another patient with the same last name. These allegations could re?ect violations of 45 C.F.R. and 164.530(c) respectively. 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. CVS provided OCR with written assurances of the following: the employee responsible for the incident was counseled, a letter of apology was sent to the complainant. Staff at this location reviewed I-IIPAA, patient privacy and CVS policies and procedures pertaining to general use and disclosure, protecting PHI, ?lling/dispensing prescriptions, and intemal sanctions for violations of privacy policies. No evidence was found regarding the allegation of medication belonging to another patient with the same last name. CVS provided OCR with its policies and procedures related to uses and disclosures of PHI, safeguards, minimum necessary and sanctions, all which OCR reviewed and found to be in compiiance with the Privacy Rule. Sb (mount?) Page2 it it it it 1 land All matters raised by this complaint at the time it was ?led have now been resolved through the voluntary compliance actions of Therefore, OCR is closing this case. 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. [f you have any questions regarding this matter, please contact Keisha Edwards Investigator, at (617) 565?1350 (Voice), (617) 565-1343 (TDD). Sincerely, Peter K. Chan Regional Manager