Health Information Management

HIPAA Q&A: You’ve got questions. We’ve got answers!

HIM-HIPAA Insider, July 14, 2014

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Submit your HIPAA questions to Editor Jaclyn Fitzgerald at jfitzgerald@hcpro.com and we will work with our experts to provide you with the information you need.

 
Q: Is an organization required to notify a patient of a misdirected fax containing his or her PHI?
 
A: It depends on the circumstances. For every incident, the covered entity (CE) is required to conduct a breach assessment to determine whether the information is compromised and whether mitigation has occurred. This includes determining whether it was an unintentional disclosure between one workforce member/BA to another.
 
CEs must also determine whether there is a chance the recipient could have read and retained the information.
 
Some organizations have determined after risk assessments that if a recipient of a fax is a CE, in which case they are also legally obligated to protect PHI, that the incident is not reportable. However, each circumstance is different.
 
For example, if a recipient knows the patient, this could sway toward notification as would the presence of sensitive information. If a recipient notifies your organization and destroys or returns the PHI, you might decide that the PHI was not compromised and notification is not necessary.
 
Documenting your analysis and reasons for determining whether the patient and HHS must be notified about the misdirected fax is essential.
 
Editor’s note: Chris Simons, MS, RHIA, director of HIM and privacy officer at Cheshire Medical Center/Dartmouth-Hitchcock in Keene, New Hampshire, answered this question for HCPro’s Medical Records Briefing newsletter.
 



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