Subject: Fw: 10-112828 From: To: Date: James Bush (theoknock@yahoo.com) eric.press@hhs.

gov; Thursday, September 15, 2011 9:22 PM

----- Forwarded Message ----From: James Bush <theoknock@yahoo.com> To: "Fischer, Sheila (HHS/OCR)" <Sheila.Fischer@HHS.GOV> Sent: Thursday, September 15, 2011 9:19 PM Subject: Re: 10-112828

In that case, in your research, be sure to include the memorandum written by the jail commander, in which he reminds his employees that keeping an inmate's HIV-positive status confidential is an "important HIPAA requirement." If he recognizes it as such, I'm sure you will, too. There's really no way around this; an informal investigation is definitely warranted. I'm sure common-sense will direct you to the same conclusion, as well. Here is a link to the "Notice of Privacy Practices" web page, which is on Santa Clara Valley Medical Center's web site. Remember: the reference to the Secretary for the Department of Health and Human Services is made at the end of the document.

http://www.sccgov.org/portal/site/scc/chlevel3? path=%2Fv7%2FSCC%20Public%20Portal%2FHealth%20and%20Human%20Care%2FHIPAA%20Notice%20of%20Privacy%20Practices%2FSanta%20Clara%20Valley%20Medica In Google, I typed "Notice of Privacy Practices Santa Clara Valley Medical Center" to find it. It was the top result.

From: "Fischer, Sheila (HHS/OCR)" <Sheila.Fischer@HHS.GOV> To: 'James Bush' <theoknock@yahoo.com> Cc: "Press, Eric (HHS/OCR)" <Eric.Press@hhs.gov> Sent: Thursday, September 15, 2011 11:31 AM Subject: RE: 10-112828 Mr. Bush: I do not recall stating that the clinic was likely subject to HIPAA. I stated that you should send us the information that you have and we would consider it. Whether the clinic is subject to HIPAA with regards to the services it provides for the jail is a question that would require specific research on our part! Thank you.

Sheila P. Fischer, J.D.

Supervisory Equal Opportunity Specialist U.S. Department of Health and Human Services OFFICE FOR CIVIL RIGHTS, Region IX 90 7th Street, Suite 4-100 San Francisco, California 94103 Phone: 415-437-8320 (Direct) / 415-437-8311 (TTY) / FAX: 415-437-8329 Sheila.Fischer@hhs.gov

If you are a covered entity or complainant I will be happy to respond to your query but to do so via e-mail you must provide your consent, recognizing that e-mail is not a secure form of communication. There is some risk that any protected health information or other information of a confidential nature that may be contained in such e-mail may be disclosed to, or intercepted by, unauthorized third parties. I will use the minimum necessary amount of protected health information to respond to your query. If you wish to conduct this discussion via email, please indicate your acceptance of this risk with your e-mail reply. Alternatively, please call the number above to arrange a phone conversation. The information contained in this message may be privileged and confidential. If you are NOT the intended recipient, please notify the sender immediately with a copy to OCRPrivacy@hhs.gov and destroy this message. Please be aware that email communication can be intercepted in transmission or misdirected. Your use of e-mail to communicate Protected Health Information or other information of a confidential nature to us indicates that you acknowledge and accept the possible risks associated with such communication. Please consider communicating any sensitive information by telephone, fax, or mail. If you do not wish to have your information sent by e-mail, please contact the sender immediately.

From: James Bush [mailto:theoknock@yahoo.com] Sent: Thursday, September 15, 2011 11:24 AM To: Press, Eric (HHS/OCR) Cc: Fischer, Sheila (HHS/OCR) Subject: 10-112828
I received your letter dated September 6th, 2011, in which you state that the Office for Civil Rights could not investigate the above-referenced complaint because Santa Clara Valley Medical Center's (SCVMC) Ira Greene P.A.C.E. Clinic is not a covered entity, and therefore is not subject to the HIPAA Privacy Rule. I confirmed with a representative of the P.A.C.E. Clinic, and, in particular, Ya-Hui Hsu, QI Manager, SCVHHS Custody Health Services, that the P.A.C.E. Clinic is, in fact, subject to all HIPAA guidelines. Additionally, I obtained a copy of the P.A.C.E. Clinic's "Notice of Privacy Practices," which, on page 8 (attached), states that, "If you believe your privacy rights have been violated, you may file a complaint with the Secretary of the Department of Health and Human Services." In addition, I spoke with Ms. Fischer this morning, who stated that it is most likely that the aforementioned clinic is subject to HIPAA, and then requested that I send a copy of the notice to you for review. Accordingly, I am requesting that you reopen the complaint based on the new information provided. Thanks, James Alan Bush