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DEPARTMENT OF HEALTH HUMAN SERWCES OFFICE OF THE- SECRETARY

 

Voice? (215)861-4441
TDD (215)861-4440
(215)361-4431

Of?ce for Civil Rights, Region 
150 5. Independence Hall West
Public Ledger Building, Suite 372

 

 

 

 

 

 

 

ww.hh cr Philadelphia, PA 19106-3499
Reference: 13-157342
Investigator: Alisha Watch
Contact Telephone: 215-861-4439

October 25, 2013

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libli?libliili?l
Medical Center Director
Department of Veterans Affairs
Carl Vinson VA Medical Center
1326 Veterans Blvd.
Dublin, GA 31021
Dear ibli?libliil 

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On February 25, 2013, the U.S. Department of Health and Human Services (HHS), Of?ce for
Civil Rights (OCR) received this complaint alleging a violation of the Federal Standards for
Privacyr of Individually Identi?able Health Information (45 CPR. Parts [60 and 164, Subparts A
and E, the Privacy Rule). Speci?cally, alleges that employees
of Carl Vinson VA Medical Center (?Covered liblielshill??'3Cl I

[{tlelribltiitcl I

 ib3isl=ibm93 accessed her medical records for
purposes. These allegations could represent violations of 45 C.F.R. 164.502(a)
[impennissible uses?disclosures] and [administrative, technical, and physical
safeguards] of the Privacy Rule.

 

 

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

On April 16, 2013, OCR noti?ed the covered entity of the complaint.

In a correspondence dated October 7, 2013, the Covered Entity indicated that an investigation
into the allegation found the following: All of the employees, with the exception of two,
accessed the Complainant?s medical records for treatment, payment, or health operations
purposes. I?m] mimic] Iaclmowledged accessing the Complainant?s records
for impennissible purposes.

 

The Covered Entity provided OCR With written assurances of the following: Both
and have been disciplined for the impennissible accesses in accordance with the
Covered Entity?s sanction policy. The Complainant?s medical records have been ?agged as
sensitive, and her records have been marked as restricted, so only approved individuals can
access her records.

With reopect to Complainant?s concerns that her health information was impermissible disclosed,
OCR was unable to identify any evidence to support this allegation. 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.

If you should have any questions, please do not hesitate to contact Alisha Weich of my sta?' at
(215) 361-4439.

Sincerely,

Barbara J. Holland
Regional Manager