DEPARTMENT OF HEALTH HUMAN SERVICES 0m WW Voice - (617) 56-5-1340. (800) 363-1019 Of?ce for Civil Rights, Region I TDD - 565-1343. [300) 537-7697 Government Center Fax - (817') 565-3809 J.F. Kennedy Federal Building. 359 3 2013 Room 1375 Boston. MA 02203-0002 {bil?ilbili'iici vacy Adviser CVS 1 CVS Drive Woonsockct, RI 02895 Our Reference number: 01-13-15875? Dear 1(a) On April 15, 2013, the US. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), Region I received a complaint alleging that CVS, Tampa Specialty Pharmacy, the covered entity, has violated the Federal Standards for Privacy of Individually Identi?able Health Information (45 C.F.R. Parts 160 and 164, Sub-parts A and E, the Privacy Rule). Speci?cally, the complainant alleges that, on April 5, 2013 CVS, Tampa Specialty Pharmacy located at 7930 Woodland Center Blvd, Tampa, FL, impermissibly disclosed {mammal protected health information (PI-ll) to her former physician instead of her current physician as she requested. This allegation could re?ect a violation of 45 CPR. 164.502(a) and OCR enforces the Privacy, Security, and Breach Noti?cation Rules, 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. Generally, the Privacy Rule permits a covered entity to make disclosures of protected health information (PHI) for a permitted purpose, through a variety of means, such as by mail or facsimile machine, as long as the covered entity, when doing so, uses reasonable and appropriate administrative, technical, and physical safeguards to protect the privacy of the PHI. See 45 C.F.R These safeguards may vary depending on the mode of communication used. For example, when faxing PHI to a telephone number that is not used regularly, a reasonable safeguard may involve a covered entity ?rst con?rming the fax number with the - intended recipient of the fax. In this matter, the complainant alleges that PHI was impermissiny disclosed either through the mail or by fax. Pursuant to its authority under 45 CPR 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 a checklist of reminders on how to safely use the mail or fax machines when sending PHI. OCR Transaction Number: 01-13-158757, Page No.: 2 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 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 ?n'ther information regarding the allegations in this matter. Should OCR receive a similar allegation of noncompliance against CVS 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. 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 Erin Walker, Investigator, at (Voice), (617) 565-1351, (800) 537-7697 (TDD). Thank you for bringing this matter to our attention. Sincerely, Peter K. Chan Regional Manager Enclosure: Checklist DEPARTMENT OF HEALTH HUMAN SERVICES Of?ce Of the awry Voice (317) 565-1340, (800} 338-1019 Of?ce for Civit Rights, Region I TDD - (617) 555-1343. (800} 537-?697 Government Center Fax (317) 535-3309 J. F. Kennedy Federal Building. 0 3 Room 1875 Boston. MA 02203-0002 {bl'lBMleiCJ Our Reference number: 01-13-1 58757 . Dear (C) . On April 15, 2013, the US. Department of Health and Hmnan Services (HHS), Of?ce for Civil Rights (OCR), Region I received your complaint alleging that CVS, 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, you allege that, on April 5, 2013, CVS disclosed your protected health information (PHI) to the wrong physician. This allegation could re?ect a violation of 45 CPR 164.502(a) and 164.5 30(c). Thank you for bringing this matter to attention. Your complaint plays an integral part in enforcement efforts. - OCR enforces the Privacy, Security, and Breach Noti?cation Rules, 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. The Privacy Rule allows health care providers and health plans to share protected health information (PHI) for permitted purposes using the mail or fax, as long as they use reasonable and appropriate administrative, technical, and physical safeguards to protect the privacy of the PHI. See 45 C.F.R. These safeguards may vary depending on the mode of communication used. For example, when faxing PHI to a telephone number that is not used regularly, a reasonable safeguard may involve a covered entity ?rst confmning the fax number with the intended recipient of the fax. We have carefully reviewed your complaint against CVS 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 CVS 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. determination as stated in this letter applies only to the allegations in this complaint that were reviewed by OCR. OCR Transaction Number: 01?13-158757 Page No.: 2 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 Erin Walker, Investigator, at (Voice), (617) 565-1351, (800) 537-7697 (TDD). Thank you for bringing this matter to our attention. Sincerely, Peter K. Chan Regional Manager