DEPARTMENT OF HEALTH HUMAN SERVICES OFFICE OF THE SECRETARY lvoice? (215) 361-4441 Of?ce for Reglcn 111 TDD - {215) 361-4440 150 5. Independence Mall West FA): - (215) 3614431 Publlc Ledger Building, suite . Philadelphia, PA 19106?3499 Reference: 13-166253 Investigator: Jamie Rahn Ballay Contact Telephone: 215-861-4432 October 25, 2013 Dear On September 4, 2013, the US. Department of Health and Human Services (HHS), Of?ce. for Civil Rights (OCR), received your complaint alleging that the VA Medical Center in Hampton, Virginia (VAMC), the covered entity, has violated the Federal Standards for Privacy of Individually Identi?able Health Information andfor the Security Standards for the Protection of Electronic Protected Health Information [45 C.F.R. Parts 160 and 164, Suhparts A, C, and E, the Privacy and Security Rules). Speci?cally, you allege that, on August 29, 2013, a VAMC employee discussed your recent test results with you in a crowded emergency department waiting room. This allegation could re?ect a violation of 45 C.F.R. Thank you for bringing this matter to attention. Your complaint is an integral part of enforcement efforts. OCR enforces the Privacy, Security, and Breach Noti?cation Rules, and also 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 must maintain reasonable and appropriate administrative, technical, and physical safeguards to prevent intentional or unintentional use or disclosure of PHI in violation of the Privacy Rule and to limit its incidental use and disclosure pursuant to otherwise permitted or required use or disclosure. 45 CPR. For example, such safeguards might include shredding documents containing protected health information before discarding them, securing medical records with lock and key or pass code, and limiting access to keys or pass codes. We have carefully reviewed your complaint against the VAMC and have determined to resolve this matter informally through the provision of technical assistance to the VAMC. Should OCR receive a similar allegation of noncompliance against the VAMC in the ?rture, OCR may initiate a formal investigation of that matter. For your informational purposes, OCR has enclosed material regarding the Privacy Rule provisions related to Safeguards. 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, couid constitute a clearly unwarranted invasion of personal privacy. If you have any questions regarding this matter, please contact Jamie Rahn Ballay, Investigator, at 215-861-4432 (Voice) or 215-861-4440 (TDD). Sincerely, AL (W. Holland Regional Manager Enclosure: Reasonable Safeguards