Desert Pacific Healthcare Network (VISN 22)

Report ID: SPE000000072666, U.S. Department of Veterans Affairs

Reported Entity: VISN 22 Los Angeles, CA

Issue:

An employee and patient received a Sensitive Patient Access Report (SPAR) from the Privacy Officer that contained another employee's name as having accessed his records that he believed should not have access to his records. He did not report this to the local Privacy Officer, and contacted the Department of Health and Human Services, Office of Civil Rights which prompted the VHA Privacy Office to request an investigation at the local level. Update: 03/09/12:One employee will be sent a letter offering credit protection services due to inappropriate access of the employees SSN.03/14/12:An appeal was filed. The justification for the appeal was that the employee received his own SPAR and looked at it and saw a name on it that belonged to someone he thought should not be on the report and filed an HHS complaint. It was not that someone else received his SPAR report or saw his SPAR report. He received his own SPAR report. The DBCT reviewed and denied the appeal based on the fact that the SPAR shows everyone who has accessed a record. The other employee accessed the employee/patient's record so the employee/patient will receive a letter offering credit protection services.

Outcome:

Action has been taken on the employee that is listed on the SPAR Report, and on the Clinic Manager that "suggested" another person look into the Veteran Employees Record as alleged. The supervisor was not charged and no evidence was found that she requested or asked any other employee to look in the record. The other employee that left the VA whose name was listed on the SPAR Report was not interviewed. A credit monitoring letter was sent to the complainant.

Related Reports:

1 other violation reported on the same date. Note that other citations may be about the same event: SPE000000072646