Question

Directions: Read through each case study. Use your best judgement and circle whether you think it is an incidental disclosure issue, a HIPPA violation, or neither. Explain the answer you selected.

Scenario:

While waiting in the reception room, a patient, Xavier Gomez, overhears a receptionist talking with another patient on the telephone about a colonoscopy appointment.

Answer 1

INCIDENTAL DISCLOSURE ISSUE

The HHS defines incidental disclosure issue as:

An incidental use or disclosure is a secondary use or disclosure that cannot reasonably be prevented, is limited in nature, and that occurs as a result of another use or disclosure that is permitted by the Rule. However, an incidental use or disclosure is not permitted if it is a by-product of an underlying use or disclosure which violates the Privacy Rule.

An example of this is someone at a hospital overhears a confidential conversation between a provider and a patient, or another provider.

A cause of disclosure that is the explicit result of a lack of reasonable safeguards or failure to apply the minimum necessary standard.

Methods to avoid incidental disclosure issues are :

*Incidental Disclosures can occur as a result of typical health care communication practices.

*The HIPAA Privacy Rule allows for these types of disclosures, as long as the minimum necessary standard and reasonable safeguards are applied, where applicable.

*It is best to implement practices that prevent against these disclosures, such as speaking in private areas and in hushed tones to maintain patient privacy.

Proper practices in health care communication, serve a critical role in ensuring that patients receive effective and timely health care.