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DEPARTME EALTH AN SERVI
Vole: (617} 565-1340, {300) 363-1019, 113131261?) 565- 13431300) 

FAX 565-3309, 
MAY 1 2013

FFI SECRET
Of?ce for Civil Rights. Region I
JFK Federal Building, Room 1815
Government Center

Boston, MA 02203-0902

 



 

 

 

{bxsubxn CV5
OCR Transaction Number: 01-13-159254

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Re:

 

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On May 1, 2013, the U.S. Department of Health and Human Services (HHS),
Of?ce for Civil Rights (OCR), Region I received your complaint alleging that
the CVS in South Yarmouth, MA, 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 November 1, 2012, staff at the South Yarmouth CVS
pharmacy impermissibly disclosed your protected health information by
discussing your prescription in a loud voice that could be overheard by
others persons. This allegation could re?ect a violation of 45 C.F.R. 
164.502(a) and 

Thank you for bringing this matter to OCR's 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 permits certain incidental uses and disclosures of protected
health information (PHI) that occur as a by-product of another permissible or
required use or disclosure of PHI, as long as the covered entity has applied
reasonable safeguards and implemented the minimum necessary standard,
where applicable, with respect to the primary use or disclosure. See 45
C.F.R. For example, the Privacy Rule permits covered
health care providers to share PHI for treatment purposes without patient
authorization as long as they use reasonable safeguards when doing so.
These safeguards may vary depending on the mode of communication used.
For example, when discussing patient health information orally with another
provider in proximity of others, a doctor may be able to reasonably
safeguard the information by lowering his/her voice.

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 the South Yarmouth 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 identifies 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,

@wthi-neiwh

Peter K. Chan
Regional Manager