?mm (bll?l {blind-El 'ibll?il OF HEALTH 8: HUMAN SERVICES OFFICE OF THE SECRETARY voles . (214) ?61-4056, {soul 363-1019 TDD - (214) rat-soda Of?ce for Civil Rights, Region VI (FAX) 4214} var-0432 130! Young Street, Suite 1169 Dallas, TX 75202 APRUZZIM Ms. Andrea Wilson, RHIA, CIPP, VHA Privacy hnplementation Coordinator [nfonnation Access and Privacy Of?ce - 10P2C1 Department of Veterans Affairs Veterans Health Administration 810 Vermont Avenue, N. W. Washington, DC 20420 Our Reference number: 12- 14? 0'72 {Cl On August 10, 2012, the for Civil Rights (OCR) received a complaint from Dear Ms. Wilson: alleging 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,r and Security Rules). Speci?cally, alleged that on or about June 16, 2012, a VA employee impermissiny accessed her medical record, obtained her contact information and contacted her for personal reasons. The complaint dmcribed the employee as an African American male, bald, about with an athletic build, .5 asses a me similm' to The coniplaint alleged that on June 26, 2012, received a call at 0826 and again at 0827 ?'om the VA general number 918-571-3000, that the caller stated he was sorry he had been too busyr to Speak with her the previous week when she came for her appointment, that she had looked ?amazing? and that he wanted to call and bri .- her day by telling her how beautiful she looked. The complaint timber alleged that reported this incident supervisor over the but the complainant did not believe the issue was appropriately addressed. These allegations indicated potential violation of 45 C.F.R. 164.502(a) and OCR enforces the Privacy and Security 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 and age. l2-1470?2 2 OCR noti?ed the Department of Veterans Affairs of the complaint on September 17, 2012 and reviewed the subsequent response. In a responseto OCR dated October 17, 2012, the Veteran?s Health Administration Privacy Of?ce provided documentation of its intemal investigation into the matter. The VHA reported it had become aware of the incident on June 26, 2012 when made a verbal complaint to a staff member; the VHA aclmowledged it found the complaint to be valid. The investigation identi?ed the involved era In so and interviewed him regarding the allegations. The employee agreed he had called but stated that it had been to remind her of an appointment. He agreed he had apolo'zed for not speaking with her during her previous visit and agreed he complimented However, he reported that he had been ?iendly with the patient and her err-husband, that he had had group hugs with the patient and her err-husband, that the patient had previously discussed her diet and that he was trying to be supportive of her weight loss. On October 23, 2012, con discussed the VHS response with and disagreed that the purpose of the call had been to remind her of an I I intment in that she did not have an appointment pending at the time of the call. further disagreed that she had been friendly with the employee or that she had hugged the employee. The van subsequently investigated further and con?rmed Wired not had a pending appoimment at the time the employee called OCR reviewed documentation that, as a result of this incident, the employee was counseled regarding appropriate with patients, instructed not to call for any reason and sanctioned in accordance with the policies. All matters raised by this complaint at the time it was ?led have now been resolved through the voluntary compliance actions of the Department of Veterans Affairs. 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, it may be necessary for OCR to release this document and related correspondence and records upon request. In the event that OCR receives such a request, we will seek to protect, to the extent provided by law, personal information which, if released, would constitute an unwarranted invasion of privacy. If you have any questions, contact Jamie Sorley, Investigator, at (214) 767-8908 (Voice), (214) 767-3940