Loading...
HomeMy WebLinkAbout10.13.26 Board Correspondence - FW_ FORMAL REQUEST FOR BOARD OVERSIGHT — Butte County Behavioral Health Email Privacy Incident and Unanswered December 10, 2025 ComplaintFrom:Clerk of the Board To:Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Dubose, Teri; Durfee, Peter; Jessee, Meegan; Kimmelshue, Tod; Kitts, Melissa; Krater, Sharleen; Lee, Lewis; Ritter, Tami; Simmons, Katie; Stephens, Brad J.; Sweeney, Kathleen; Teeter, Doug; Zepeda, Elizabeth Cc:Nuzum, Danielle; Hobson, Tony Subject:Board Correspondence - FW: FORMAL REQUEST FOR BOARD OVERSIGHT — Butte County Behavioral Health Email Privacy Incident and Unanswered December 10, 2025 Complaint Date:Wednesday, October 14, 2026 8:25:36 AM Please see Board Correspondence - Lewis Lee Administrative Technician - Confidential Butte County Administration 25 County Center Drive, Suite 200 • Oroville, CA 95965 T: 530.552.3326 www.buttecounty.ca.gov | lelee@buttecounty.ca.gov -----Original Message----- From: Bruce Langberg <rjqy7@hotmail.com> Sent: Tuesday, October 13, 2026 5:37 PM To: Clerk of the Board <clerkoftheboard@buttecounty.ca.gov> Cc: DBH - Privacy <dbhPrivacy@buttecounty.ca.gov>; Kennelly, Scott <SKennelly@buttecounty.ca.gov>; Stark, Alice <astark@buttecounty.ca.gov> Subject: FORMAL REQUEST FOR BOARD OVERSIGHT — Butte County Behavioral Health Email Privacy Incident and Unanswered December 10, 2025 Complaint .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. To: clerkoftheboard@buttecounty.net Cc: DBHPrivacy@buttecounty.net; skennelly@buttecounty.net; astark@buttecounty.net Attention: Butte County Board of Supervisors, Chair Bill Connelly, All Board Members, Clerk of the Board, and County Administration Dear Chair Connelly and Members of the Butte County Board of Supervisors: I am requesting formal oversight by the Butte County Board of Supervisors concerning a privacy incident involving the Butte County Department of Behavioral Health and the department's apparent failure to provide a substantive response to a written complaint I submitted approximately ten months ago. This request concerns both the original disclosure of personal information and the County's administrative accountability in handling complaints involving potential privacy and confidentiality violations. I. August 15, 2025 Disclosure On August 15, 2025, at approximately 3:17 p.m., Butte County Behavioral Health distributed an email from mhsa@buttecounty.net announcing an August 20, 2025 Behavioral Health Advisory Board meeting. The email placed approximately 250 recipient entries in the visible "To" field, allowing recipients to view the email addresses of other recipients. My personal email address was included in that distribution. The recipients included private individuals, government employees, healthcare-related organizations, educational institutions, nonprofit organizations, and other entities. The message identified the distribution as relating to the County's Mental Health Services Act program. I did not authorize the County to disclose my personal email address to the other recipients. I recognize that receiving an announcement about a public meeting does not necessarily establish that an individual receives behavioral-health services or that the disclosed information constitutes protected health information. However, the County has not provided an explanation of how the mailing list was compiled, whether any addresses originated from confidential records, or whether the incident was investigated. II. Unanswered December 10, 2025 Complaint On December 10, 2025, at approximately 7:31 p.m. Pacific time, I submitted a formal privacy complaint to mhsa@buttecounty.net. The complaint identified the August 15 incident and requested an investigation, acknowledgment, and corrective measures. As of October 13, 2026, I have not received a substantive written response identifying any investigative findings or explaining the County's determination. On October 13, 2026, I submitted additional correspondence to the department's Privacy and Compliance Division and leadership requesting written findings and an explanation of the County's handling of the matter. I have also submitted complaints requesting independent review by the U.S. Department of Health and Human Services Office for Civil Rights and the California Department of Health Care Services. III. Request for Board Oversight I request that the Board of Supervisors exercise its administrative oversight responsibilities by directing appropriate County officials to review this matter and report their findings. Specifically, I request that the Board seek written answers to the following questions: 1. Why did Butte County Behavioral Health distribute an email exposing approximately 250 recipient entries rather than using a method that concealed individual addresses? 2. What system or database supplied the recipient addresses? 3. Did any of the addresses originate from patient, treatment, referral, case-management, or other confidential records? 4. Was the incident reported to the County's designated Privacy Officer or Compliance Officer? 5. Was a documented privacy or security incident assessment performed? 6. Did the County determine whether any state or federal confidentiality or breach-notification requirements applied? 7. Was my December 10, 2025 complaint received, logged, assigned, and investigated? 9. Were any corrective measures, staff training, or technical safeguards implemented? 10. Has the County reviewed whether similar disclosures occurred in other Behavioral Health mass email distributions? 11. Has the County evaluated whether its existing complaint-handling procedures provide adequate accountability and timely written responses? 12. What measures will the County implement to prevent similar incidents and ensure that future privacy complaints are appropriately addressed? IV. Request for Administrative Accountability My concern extends beyond a single mailing-list error. A County department responsible for behavioral-health services should maintain appropriate safeguards for personal information and a documented process for evaluating complaints concerning potential unauthorized disclosures. I request that the Board determine whether the department followed applicable County policies, whether responsible officials were notified, and whether the handling of my complaint was consistent with appropriate administrative procedures. I am not asking the Board to presume that HIPAA or another privacy law was violated. I am asking it to ensure that the County establishes the relevant facts, identifies applicable requirements, and provides a documented response. V. Preservation and Review of Records I request that the Board ensure appropriate preservation of relevant County records, including the original August 15, 2025 email, mailing-list source records, my December 10, 2025 complaint, internal correspondence, incident assessments, and corrective-action records. These communications originated from or were previously transmitted to County email systems. I am not attaching duplicate documents. Please ask the appropriate County officials to locate and review the records already in the County's possession. VI. Requested Board Action I respectfully request: 1. Written acknowledgment that this correspondence has been received and forwarded to the Board of Supervisors. 2. Confirmation that the matter has been referred to the County Administrator, appropriate compliance personnel, or another responsible official for review. 3. Identification of the individual or office responsible for responding. 4. A written explanation of whether an investigation has been completed or remains pending. 5. A substantive written response addressing the County's findings and corrective measures, to the extent the information may lawfully be disclosed. 6. Confirmation of whether the Board intends to request an administrative report or other follow-up concerning the department's privacy and complaint-handling procedures. 7. If the Board determines that the matter should be addressed by another County office, identification of that office and confirmation that the correspondence has been forwarded appropriately. I request acknowledgment within five business days and a substantive response or anticipated completion date within fifteen business days. These are requested response periods rather than statutory deadlines. VII. Public Records and Confidentiality I understand that correspondence submitted to the entire Board may become part of the public record. For that reason, I have not reproduced the approximately 250 recipient addresses, disclosed any individual's medical information, or included attachments. I request that the County avoid unnecessary republication of personal information while reviewing the incident. I also request that any substantive response be provided directly to me in writing by email. VIII. Closing The original incident occurred more than one year ago, and my initial written complaint has remained without a substantive response for approximately ten months. I believe these circumstances warrant attention from the County's elected governing body. I respectfully request that the Board ensure that the incident is appropriately reviewed, that responsible officials provide written findings, and that the County addresses any identified deficiencies in its privacy safeguards and complaint-handling procedures. Please confirm receipt and advise what action the Board or County Administration intends to take. Sincerely, Cory "Bruce" Langberg rjqy7@hotmail.com October 13, 2026