Phoenix VA Health Care System

Report ID: PSETS0000098573, U.S. Department of Veterans Affairs

Reported Entity: PHOENIX AZ - 644

Issue:

On 12/31/13, Employee A reported to the Privacy Officer (PO) that two fellow employees accessed his medical record without his permission. He provided seven pages of a Sensitive Patient Access Report (SPAR). He indicates that one employee accessed his chart on two dates, three times, as part of a law enforcement allegation, disputed and ongoing. The other access was conducted one time, one date. Further notification and investigation to ensue.

Outcome:

12/31/13: This ticket routinely would have been opened as a complaint but it was opened as an incident due to a high profile situation. It's been evolving but finally came to the PO's office today. One situation is tied to a VA Police investigation of internal sensitive issues. Some of the issues are not related to privacy but law enforcement which the union may contest, and also contest the access. This may eventually turn out to be a non-event but the PO will investigate further. 01/02/14: The SPAR and inquiry was provided to VA Police Chief, whose Investigator was named as having inappropriate chart access. The Chief determined that the complainant was an object of a criminal investigation. VA Police per their Functional Category, do not have CPRS chart access. However, in order to complete their job duties, they do have VISTA patient inquiry access. This is what was accessed to perform the duty of finding accurate demographic information to run a background criminal record check. There was no inappropriate or unauthorized chart access attributed to this VA Police employee. Discussion with Supervisors in HAS determined that the Manager for the other staff noted in SPAR was on leave until Thursday. Copied materials for her review on Thursday. 01/06/14: Provided documentation to Chief who will forward to new Supervisor that he is meeting with this afternoon. Employee response to allegations of inappropriate chart access, forthcoming after notification and HR coordination. 01/09/14: VA Police Chief and Senior Leadership were provided with additional guidance regarding access of PHI during criminal investigations by law enforcement staff. Other Chief of staff involved in investigation was also contacted to encourage employee response to SPAR complaint. Investigation, in progress. 01/10/14: After multiple calls and offices visits, new manager called PO back today. She did not receive the materials from PO on Monday which were provided to her Chief with discussion. However, she did recall discussing this so she will revisit this when she sees him this afternoon. Related factors in case to her, provided her with contact names. Asked her to keep in touch with HR in the event of issues. Review of the written complaint did not identify this individual by name but just the VA Police. Because this was identified verbally, will maintain investigation of this staff member's access also. Investigation, pending. 01/17/14: Personal discussion with new Outpatient Chief. She has been out of office all week in a training session but she did receive the materials for an investigation. Discussed necessary fact finding methodology options. She will review materials and initiate investigation with her staff. 01/22/14: The Supervisor of the second employee noted in this SPAR was in training, delaying her investigation. She reports that this employee is no longer assigned to her service line, but has been a VA Police employee. The investigation will now be re-directed to the Supervisor in that service line, of same individual. 01/27/14: VA Police Chief discussed the access of his staff. He is in the initial phases of checking out the access issue of this second staff. The first access by his staff was determined not to be a function of duties. 01/28/14: The Veteran will receive a general letter of notification.