Corporate Compliance

Q&A: Faxing PHI to a hybrid facility

Compliance Monitor, December 7, 2011

Q: Is faxing PHI to a long-term care facility that also operates an independent living facility and an assisted living facility permissible?

A: In this case, you may fax PHI to the facility so long as the fax machine you are sending the information to is designated for the long-term facility’s (and thereby covered entity) exclusive use. If the fax machine is in an area accessible to workforce members beyond those who perform covered entity functions, it could result in a breach of PHI.

Editor’s Note: This question first appeared in the December 2011 issue of Briefings on HIPAA.

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