Q: Is it a violation of HIPAA to send an e-mail to all staff members within an organization notifying them of a memorial service for a deceased patient?
HIPAA Weekly Advisor, July 23, 2007
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A: If the deceased patient was an employee, member of the board, etc., and the e-mail is sent only within a closed record, such as inside an organization's protected network, and contains only the name of the individual and information about the memorial service-and not PHI regarding the cause of death, medical condition, etc.-it is not a violation of HIPAA. If the patient is not known to the organization but only to a group of work force members within an organization and has no relation to the organization, it is likely a violation, as an all-staff e-mail would then distribute the PHI to unauthorized individuals. You need to protect a deceased individuals' PHI in the same manner as living patient's information.
Editor's note: Chris Apgar, president of Portland, OR-based Apgar & Associates, LLC, answered this question. This is not legal advice. Consult your attorney for legal matters.
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