DEPARTMENT OF HEALTH 8: HUMAN SERVICES OFFICE OF THE SECRETARY Volce- (214) 1'614056. (soot 368-1019 TDD - {214} rot-aster Office for Civil Rights, Region VI em [214}767-0432 1301 Young Street, Suite 1169 Dallas, TX 75202. ?Jim Ms. Andrea Wilson, RHIA, CIPP, CIPPIG Privacy Implementation Coordinator Information Access and Privacy O?ice Department of Veterans A?iairs Veterans Health Administration 810 Vermont Avenue, NW. Washington, DC 20420 OCR Transaction No: 13-15965!) Dear E?l?i?lmm and Ms. Wilson: On May 2013, the U. S. Department of Health and Human Services (HHS), Of?ce for Civil Rights (OCR) received a complaint alleging a violation of the Federal Standards for Privacy of Individually Identi?able Health Information anon the Security Standards for the Protection of Electronic Protected Health hrformation (45 CPR. Parts 160 and 164, Subparts A, C. and E, the Privacy Rule and Security Rules). Speci?cally, the Complainant, alleged that on April 22, 2013, an employee, who works at the ??ont desk in Laboratory Services, disclosed her Protected Health Information (PHI) without a need recognized by the Priva or Security Rule. Further, alleged that the employee disclosed her PHI to and the apartment managers at their apartment complex, during a meeting. The alleged incident could re?ect violations of 45 CPR. concerning uses and disclosures of protected health information (PI-ll) and l64.530{c) regarding safeguards. OCR enforces the Privacy Rule, Security 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. We have reviewed the matters raised in the complaint. 011 May 22, 2013, OCR noti?ed Ms. Andrea Wilson, VHA Privacy Implementation Coordinator, Department of Veterans Affairs - Veterans Health Administration of the complaint. On July 8, 2013, OCR received a response to the complainant's allegation from Carol E. Farer, Privacy Implementation Coordinator, on behalf of Department of Veterans Affairs Veterans Health Administration Ms. Farer af?rmed the complainant?s allegation that Veterans Medical Center Laboratory employee, edical Technician made the statement in front of other people at a meeting at an apartment complex. Because of this incident the Department of Veterans Affairs Veterans Health Administration took the following actions: I. A response letter was provided to the complainant on April 29, 2013, that included an assurance that appropriate measures were undertaken to prevent future incidents; ?0 The breach was reported to as a breach on June 25, 2013; 3. The employee, who disclosed protected health information without need recognized by Privacy Rule, was issued a verbal counseling by the Phlebotomy Supervisor, and; 4. A general reminder was provided to all Veterans Administration North Texas staff regarding securing information they learn about Veterans while doing their jobs-to include the inappropriateness of disclosing the identity of Veterans in outside events. All matters raised by this complaint at the time it was ?led have now been resolved through the voluntary compliance actions of Department of Veterans Affairs Veterans Health Administration; 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 have questions regarding this matter, please write us or contact Myra Fain, investigator, at 214f767-3928 (Voice), 214f76?i-3940 (TDD) or W. Please be advised that communication by e-mail presents a risk of disclosure of the transmitted information to, or interception by, unintended third parties. Please keep this in mind when communicating with us by e?mail. When contacting this of?ce, please remember to include the reference number that we have given your file. That number is located in the upper left-hand corner of this letter.