IV
rs 5? mac,

 

,9 a

i DEPARTMENT OF HEALTH 3: HUMAN SERVICES OFFICE OF THE SECRETARY
3a,, Voice- [404} 562-?386, [300) 303-1019 Of?ce for Civil Rights, Region 
TDD - (404)562-1384. 61 Street, SW.
(FAX) (404)562-1381 Atlanta Federal Center, Suite 
Atlanta. GA 30303-3909

 

March 12, 2013

 



 

 

 

Re: OCR Transaction Number: 04-12-149313

 

61:) 
Dem If ll 

 

 

 

Thank you for your complaint, which was received by the US. Department of Health and
Human Services (HHS), Of?ce for Civil Rights (OCR), on September 11, 2012. In your
complaint, you allege a violation of the Federal Standards for Privacy of Individually Identi?able
Health Information andfor the Security Standards for the Protection of Electronic Protected
Health Information (45 CPR. Parts 160 and 164, Subparts A, C, and E, the Privacy and Security
Rules). Speci?cally, you allege that Carl Vinson VA Medical Center denied your
request for amendment of your medical record regarding notes entered by on June
27, 2011. You further indicate that you received a denial letter from the VMC on July 18, 2011,
at which time you were permitted an opportunity to appeal the denial with the VA General
Counsel?s office, which you did on July 22, 2011. The VA General Counsel?s of?ce then sent
you notice of the denial on September 4, 2012, which apprised you of your right to include a
statement of disagreement with your medical record.

OCR enforces Federal civil rights laws that 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. OCR also has jurisdiction over health plans, health care
clearinghouses, and certain health care providers with respect to enforcement of the Privacy,
Security, and Breach Noti?cation Rules promulgated pursuant to the Health Insurance Portability
and Accountability Act of 1996 (HIPAA).

OCR will not be able to accept your complaint for investigation. Your allegation, that VAMC
denied your amendment request, would not violate the Privacy Rule. The Privacy Rule at 45
CPR provides individuals with a right to request an amendment to their
medical record. However, 45 CPR. allows a covered entity to deny an
individual?s request if it determines that the PHI or record that is the subject of the request: 
was not created by the covered entity; (ii) is not part of the designated record set; would not
be available for inspection under the access provision of the Privacy Rule; or (iv) is accurate and

complete. The Privacy Rule at 45 C.F.R. ?164.526(d) requires a covered entity to provide an
individual who requests an amendment the following when an amendment request is denied: a
written notice of the denial which includes the basis for the denial, and the opportunity to submit
a statement of disagreement which would be kept in the individual?s ?le and accompany any
release of the medical record.

According to your complaint, VAMC complied with all the requirements of the Privacy Rule
regarding a denial of your amendment request. Thus, based on a review of the allegations, no
violation of the Privacy Rule is alleged. Please note OCR does not have jurisdiction to review
the amendment request and make a determination as to the appropriateness of the decision to
accept or deny the request, as that requires the expertise and opinion of your licensed health care
professional. Therefore, we are closing your complaint.

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 Sonya Hana?, Investigator, at

son ahana? hhs. ov, 404?562-7876 (Voice), (300) 537-7697 (TDD).

Sincerely,



Roo velt Freeman
Regional Manager
OCR Region IV