Incidential_Disclosure_of_Protected_Health_Iformation

Deana Adams HC 105 Medical Office Procedures and Administration Week 1 Case Study Incidental Disclosure The Medical assistants must comply with the Health Insurance Portability and Accountability Act (HIPAA) that ensures a patients right to the privacy and confidentiality of their protected health information (PHI). This consideration and law should always be the center of ones thoughts when conducting any type of communication about a patient. There are times when a patient’s protected health information may be compromised without intention and cannot be reasonability prevented. Such is known as an incidental disclosure of a patient’s protected health information. Types of these violations to the patients’ rights are sometimes caused due to the structural environment where the infraction occurred. For example a relative visiting a family member in a semi- private room may overhear the physician talking to the patient in the next bed about their diagnoses or even a patient waiting to be examined might hear a conversation between a doctor and patient from the adjacent room. Although every medical professional tries to keep a patients PHI confidential, walls & curtains do not keep sound from traveling and unfortunately conversations can be over heard. Another type of incidental disclosure of a patient’s PHI can occur when information about the patient is needed in order to serve them and as a result the patient’s PHI can become compromised. For example a patient may be asked to sign their name to a sign in sheet at their doctor’s office. This in turn allows others to view the names on the sign in sheet and read who is being seen by the doctor. Another example of this can also be seen in almost every hospital corridor where the patients name is posted just outside the patient’s room and anyone who walks up & down the hallways, whether staff members or visitors can view the names of patients that are in the hospital. Unawareness of ones surroundings can also lead to incidental disclosure of a patient’s PHI. For example a pharmacist could be talking loudly on the phone to a patient concerning their medications and not be aware that due to the proximity of his position the person at the counter, who is waiting for the pharmacist to help them, can hear the conversation. In today’s modern age of technology the use of cell phones can also lead to incidental disclosure of a patient’s protected health information being leaked. For example a doctor is in his car with the windows down, talking on a cell phone about a patient’s upcoming surgery to another doctor and pulls up to a stop light. The passengers in the car to his left and right hear the doctor’s conversation and learn more than they need to know about the patient’s medical history. The patient’s right to privacy and confidentiality has been breached. Being conscious of your surroundings when talking or discussing information concerning a patient can help to minimize incidental disclosure of a patient’s PHI. Just by being aware of where you are and who is within hearing distance can help you to keep a patient’s medical information confidential. Learning and following policies and procedures that have been adopted to maintain a patient’s privacy and confidentiality will also reduce the risk of incidental disclosure of a patient’s PHI. For example placing a patient’s file so that the name cannot be seen or removing the name of patient from a sign in sheet once they have been acknowledged may be a policy or procedure that is to be obeyed in a doctor’s office. Remembering that it is your duty and obligation to keep a patient’s protected health information private and confidential every day is key to being successfully at it. Resources Adams, A. P., & Proctor, D. B. (2011). Study guide for Kinn's the medical assistant: an applied learning approach. (11th ed.). St. Louis, MO: Elsevier Saunders.