Q: Do the regulations specify what ’mitigation’ means in the context of an improper use or disclosure?
HIPAA Weekly Advisor, October 17, 2005
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No. The commentary to the regulations states that the Department of Health and Human Services (HHS) is not prescribing what mitigation policies and procedures covered entities must implement. HHS only requires that the covered entity mitigate harm, and eliminate it if practicable.
The commentary provides the following mitigation example: If a covered entity provides protected health information to a third party without authorization in a domestic abuse situation, the covered entity must promptly inform the patient and authorities of the potential danger.
For more information see Section 164.530(f) Mitigation of the Bricker & Eckler, LLP, Web site.
Editor's note: Attorneys from Bricker & Eckler, LLP, answered this question. This is not legal advice. Consult with your attorney for legal matters.
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