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DEPARTMENT OF HEALTH HUMAN SERVICES OFFICE OF THE SECRETARY

 

Of?ce for Civil Rights, Region 
150 5. Independence Mall West
Public Ledger Building, Suite 37'2
Philadelphia, PA 19106-3499

Voice- (215) 361-4441
TDD (215) 861-4440
FAX- (215)861-4431
ov cr

13-164 123
Alisha Welch
215-861-4439

Reference:
Investigator:
Contact Telephone:

April 1,2014

 



 

 

 

Ms. Kimberly Murphy-DeCoste
Department of Veteran Affairs
Veterans Health Administration
VHA Privacy Of?ce
Washington, DC 20420



Ms. Murphy-DeCoste:

Dear

On August 6, 2013, the US. Department of Health and Human Services (HHS), Of?ce for Civil
Rights (OCR) received this complaint alleging a violation of the Federal Standards for Privacy of

Individually Identi?able Health Information 45 C.F.R. Parts 160 and 164, Subparts A and the
Privacy Rule). Speci?cally, (?Complainant?) alleges that an
employee of the Hampton VA Medical Center (?Covered Entity?), impermissiny accessed his
protected health information. These allegations could represent violations of 45 C.F.R. 
164.502(a) [impermissible usesfdisclosures] and [administrative, technical, and
physical safeguards] of the Privacy Rule.

OCR enforces the Privacy Rule, 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.

On September 17, 2013, OCR noti?ed the covered entity of the complaint.

We have reviewed the matter raised in the complaint.

-  revealed that accessed the Complainant?s records on June 
2013.  job duties as a Medical Support Assistant include pro-registration and
appointment management for patients. When interviewed by the Covered Entity, she maintained
that she did not know the Complainant and did not remember why she accessed her records.
Records show, however, that the Complainant had not been an active patient at the Covered
Entity during the relevant time period. The Complainant?s only involvement at the Covered
Entity was his participation in the Department of Housing and Urban Development VA

 

Supportive Housing Program, in which had no involvement. Thus, OCR determined
that impermissiny accessed the Complainant?s records, as she had no job-related
reason to do so.

{bm'lbmm is currently on extended leave from the Covered Entity and does not have an
anticipated return to work date. On February 25, 2014, the Covered Entity provided OCR with
written assurances that will be sanctioned in accordance with the Covered Entity?s
sanction policy upon her retum to work.

All matters raised by this complaint at the time it was ?led have now been resolved through the
voluntary compliance actions of the Covered Entity. 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 bylaw, 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 Welch of my staff at
(215) 861-4439.

Sincerely,

ara J. Hollan
Regional Manager