- .. I Voiot 565-1340, {300) 3634019, TDD 565- 1343, (800) 537469? F301 565-3809, Of?ce for Civil Rights, Region I JFK Federal Building, Room 1315 Government Center Boston, MA 02203-0002 Re: OCR Transaction Number: 13-157369 Dear On March 20, 2013, the U.S. Department of Health and Human Services (HHS), Of?ce for Civil Rights (OCR), recelved your complaint alleging that the CVS at 2311 Lime Kiln Lane, Louisville, Kentucky (CV5), the covered entity, has violated the Federal Standards for Privacy of Individually Identi?able Health Information (45 C.F.R. Parts 160 and 164, Subparts A and E, the Privacy Rule). Specifically, you allege that, on March 9, 2013 the CVS disclosed your protected health information (PHI) to your when they called regarding prescription re?ll, after you had speci?cally requested that CVS not call you for prescription re?lls. Although OCR does not have jurisdiction over the issue of CVS calling you for prescription re?lls, the allegation that your PHI was given to your wife could re?ect a violation of 45 C.F.R. 164.510 and Thank you for bringing this matter to OCR's attention. Your complaint plays an integral part in OCR's enforcement efforts. OCR enforces the Privacy, Security, and Breach Noti?cation Rules, and also 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 Rule. Aslong as an individual does not object, a covered entity is allowed to share or discuss with the individual?s family, friends, or other persons identi?ed 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 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 on]: 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 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 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 the CVS in Louisville, Kentucky and have determined to resolve this matter informally through the provision of technical assistance to CVS. Should OCR receive a similar allegation of noncompliance against the CVS at 2311 Lime Kiln Lane, Louisville 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 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 Vicki Kaufman, Investigator, at (617) 565-1344 (Voice) or (617) 565-1343 (TDD). Sincerely, gamma. Peter K. Chan Regional Manager - Voice 565-1340, (800) 363-1019, TDD 565- 1343, (800) 532-769? FAX (151 565-3809. Of?ce for Civil Richie. Region 1 3 JFK Federal Building, Room 1375 Government Center Best MA 02103-0002 SEP 122013 Coordinator Privacy Investigations CVS Caremark One CVS Drive Woonsocket, RI 02895 Re: OCR Transaction Number: 13-157369 Bea.I {more} On March 19, 2013, 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 2311 Lime Kihl Lane, Louisville, Kentucky 40222, the covered entity, has violated the Federal Standards for Privacy of Individually Identi?able Health Information (45 C.F.R. Parts 160 and 164, Subparts A and E, the Privacy Rule). Speci?cally, the complainant alleged that, on March 9, 2013, his wife was called on her cell phone and given information regarding the re?lling of one of the complainant?s prescriptions. The complainant Stated that he had repeatedly requested that CVS not call him about re?lls. Although OCR does not have jurisdiction over the issue of the complainant?s request that CVS not call him for re?ll requests, the allegation that his prescription information was given to his wife could re?ection a violation of 45 C.F.R. 164.510 and OCR enforces the Privacy, Security, and Breach Noti?cation Rules, and also 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. Pursuant to the Privacy Rule, a covered entity may not use or disclose protected health information (PI-II) 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 individual?s 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 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 i covered entity who need access to the information to carry out their job duties, the categories or i 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 or the Privacy Rule. 45 CPR. 164.530 . In this matter, the complainant alleges that the complainant?s PHI was impermissibly disclosed to a member of the complainant?s family or to an acquaintance of the complainant. 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 CVS. 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 the CVS at 2311 Lime Kiln Lane, Louisville, Kentucky in the future, 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. 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 Vicki Kaufman, Investigator, at 61 Til-5654344 (Voice) or 617-565-1343 (TDD). Sincerely, gm? Peter K. Chan Regional Manager Enclosures: Disclosures to Family and Friends The Minimum Necessary Requirement Reasonable Safeguards