Children in the office
HIPAA Weekly Advisor, December 29, 2008
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Q. One of our employees on very rare occasions will have one of her children stop by the office, a small private practice. Her children will sometimes wait for her in her office, which often contains patient charts. These charts are generally not displayed or open.
Is this a HIPAA violation? Or if the charts are turned so that patient names are not viewed, is this a reasonable attempt to keep private? How would this pertain to a physician’s spouse who would wait in the physician’s private office where charts could be found?
A. This is not a HIPAA violation, if reasonable steps are taken to protect patient privacy. Keeping patient records closed and out of the reach of small children is a good first step. Older children should be educated about patient privacy and the expectation that they will not access confidential information.
Editor's note: Mary Brandt, president of Bellaire, TX-based Brandt & Associates, LLC, answered this question. This is not legal advice. Consult your attorney regarding legal matters.
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