Health Information Management

HIPAA Q&A: Noting employee status

HIPAA Weekly Advisor, October 20, 2010

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Q. A patient underwent diagnostic testing in the hospital where she was employed. She received a copy of the laboratory results and when she read them she noticed that a physician had noted her employee status. Does this violate HIPAA?

A. No, this doesn’t violate HIPAA. Much depends on the hospital’s specific privacy practices, but many covered entities take extra steps to protect their employees’ privacy. The physician may have included the notation to alert others that distribution of the test results should be limited to certain employees.

Also, noting a patient’s status as an employee of any covered or noncovered entity does not violate HIPAA unless this information is inappropriately accessed along with other PHI or a security breach occurs.

Editor’s note: Chris Apgar, CISSP, is president of Apgar & Associates, LLC, in Portland, OR. He has more than 17 years of experience in information technology and specializes in security compliance, assessments, training, and strategic planning. Apgar is a board member of the Workgroup for Electronic Data Interchange and chair of the Oregon and Southwest Washington Healthcare, Privacy and Security Forum.
 



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