Is it a HIPAA violation to post information, such as activity interests, lifestyle information, occupations, etc., in each resident's room?
HIPAA Weekly Advisor, September 3, 2007
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Q: In June 2006, CMS released the revised F248 Activities Guidance for Surveyors. This revised guidance stresses the importance of quality of life, routines, and choices, as well as an interdisciplinary approach to quality of life. All facility staff members in long-term care are involved in residents' quality of life. Activity directors constantly strive to make volunteers and employees aware of the recreational interests and hobbies that each resident enjoys. Is it a HIPAA violation to post information, such as activity interests, lifestyle information, occupations, etc., in each resident's room? Many activity directors are afraid that this is a HIPAA violation.
A: You can use and disclose PHI for healthcare operations as long as you use or disclose the minimum amount needed. Posting activity interests and basic lifestyle information, such as a person's former occupation, is reasonable for an interdisciplinary approach to quality of life. You should post commonly known information, so visitors coming into the room wouldn't see anything about the patient that they wouldn't already know.
Editor's note: Mary Brandt, president of Bellaire, TX-based Brandt & Associates, LLC, answered this question. This is not legal advice. Consult your attorney for legal matters.
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