5" .3 DEPARTMENT OF HEALTH HUMAN SERVICES OFFICE OF THE SECRETARY Voice- (215} 361-4441 Office for Clle Rights, Region TDD - (215} 861?4440 150 5. Independence Mall west FAX - (215) 861-4431 Public Ledger Building, Suite 3?2 . Philadelphia, PA 19106-3499 - Reference: - 12-1-4912? Investigator: Janice Fisher Contact Telephone: 202-619-0204 November 15, 2013 {bli?l .Eblil'liC-l ".ojr Deart ltalt 1 On September 26, 2012, the US. Department of Health and Human Services (HHS), Of?ce for Civil Rights (OCR), received your complaint alleging that CVS Pharmacy, the covered entity, has violated the Federal Standards for Privacy of Individually Identi?able Health Information andfor the Security Standards for the Protection of Electronic Protected Health Information (45 CPR. Parts 160 and 164, Subparts A, C, and E, the Privacy and Security Rules). Speci?cally, you allege that staff of CVS Pharmacy (covered entity} released another person's prescription to you in error. This allegation could re?ect a violation of 45 CPR. Thain: you for bringing this matter to attention. Your complaint is an integral part of enlorcement efforts. OCR enforces the Privacy, Security, and Breach Noti?cation Rules, and also 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 sex and religion. A covered entity must maintain reasonable and appropriate technical, and physical safeguards to prevent intentional or mintentional use or disclosure of PHI in violation of the Privacy Rule and to limit its incidental use and disclosure pursuant to otherwise permitted or required use or disclosure. 45 CPR. For example, such safeguards might include shredding documents containing protected health information before discarding them, securing medical records with lock and key or pass code and limiting access to keys or pass codes. We have carefully reviewed your complaint against CVS Pharmacy and have determined to resolve this matter informally through the provision of technical assistance to CVS Pharmacy. Should OCR receive a similar allegation of noncompliance against CVS Pharmacy in the future, OCR may initiate a formal investigation of that matter. For your informational purposes, OCR has enclosed material regarding the Privacy Rule provisions related to Safeguards. Based on the foregoing, OCR is closing this case without further action, effective the date of this letter. 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 regarding this matter, please contact Janice Fisher, Investigator, at (202) 619-0204 (Voice). Sincerely, gilt/gawk t/Mat??/WK Barbara J. Holland Regional Manager Enclosure: Reasonable Safeguards venue is?? 1% DEPARTMENT OF HEALTH Hm SERVICES OFFICE OF THE SECRETARY a (215} 861-4441 Of?ce for l[Zivil Rights, Region in TDD (215} 861-4440 150 5. Independence Mall West FAX - (215) 361-4431 Public Ledger Building,r Suite 3?2 Wooster: Philadelphia, PA mice-3499 Reference: 12-14912? Investigator: Janice Fisher Contact Telephone: 202-619-0204 November 15,2013 cite) {billitci CVS Caremark Adviser, Governance and Privacy, Legal Mail Drop One CV Drive, Woonsocket, RI 02895 Dear On September 26, 2012, the U.S. Department of Health and Human Services (HHS), O?'ice for Civil Riglus (OCR), received a complaint alleging that CVS Pharmacy, the covered entity, has violated the Federal Standards for Privacy of Individually Identi?able Health Infermation andfor the Security Standards for the Protection of Electronic Protected Health Information (45 C.F.R. Parts 160 and 164 Sn arts A, C, and E, the Privacy and Security Rules). Speci?cally, the complainant, Ialleged that sta?? of CVS Pharmacy (covered entity) gave her a prescription rat was intended for another patient. This allegation could re?ect a violation of 45 GER and 164.502 and OCR enforces the Privacy, Security, and'Breach Noti?cation Rules, and also 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. In this matter, the complainant alleges that the covered entity does not reasonable safeguards to prevent impermissible disclosures of protected health information A covered entity must maintain reasonable and appropriate administrative, technical, and physical safeguards to prevent intentional or unintentional use or disclosure of PHI in violation of the Privacy Rule and to limit its incidental use and disclosure pursuant to otherwise permitted or required use or disclosure. 45 C.F.R. Pursuant to its authority under 45 GER. 160.304{a) and OCR has determined to resolve this matter informally through the provision of technical assistance to CVS Pharmacy. To that end, OCR has enclosed material explaining the Privacy Rule provisions related to Reasonable Safeguards. You are encouraged to review these materials closely and to share them with your staff as part of the Health Insurance Portability and Accountability Act (HIPAA) training you provide to your workforce. You are also encouraged to assess and determine whether there may have been any noncompliance as alleged by the complainant in this matte?, and, if so, to take the steps necessary to ensure such noncompliance does not occur in the future. In addition, OCR encourages you to review the facts of this individual?s complaint and provide the individual the appropriate written response swi?ly if necessary to comply with the requirements of the Privacy Rule. Should OCR receive a similar allegation of noncompliance against CVS Pharmacy in the future, OCR may initiate a formal investigation of that matter. In addition, please note that, after a period of six months has passed, OCR may initiate and conduct a compliance review of CV Pharmacy related to your compliance with the Privacy Rule?s provisions related to Reasonable Safeguards. Based on the foregoing, OCR is closing this case without further action, effective the date of this letter. 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 regarding this matter, please contact Janice Fisher, Investigator, at (202) 619-0204 (Voice). Sincerely, ?mgl/W/w? Barbara J. Holland Regional Manager Enclosure: Reasonable Safeguards