How can a healthcare professional violate patient confidentiality?

HIPAA applies to all healthcare institutions and healthcare workers, who submit claims electronically. For example, if you are a healthcare worker and transmit or even discuss PHI with others who are not involved with that patient’s care, then you violate HIPAA.

Can you talk about a patient without saying their name?

HIPAA violation: yes. Some say no but in reality, it’s yes because someone can still be identifiable through the information. However, even without mentioning names one must keep in mind if a patient can identify themselves in what you write about this may be a violation of HIPAA.

Who can access PHI?

General Right. The Privacy Rule generally requires HIPAA covered entities (health plans and most health care providers) to provide individuals, upon request, with access to the protected health information (PHI) about them in one or more “designated record sets” maintained by or for the covered entity.

When can a healthcare provider legally share patient information without the patient’s consent?

The Privacy Rule allows covered health care providers to share protected health information for treatment purposes without patient authorization, as long as they use reasonable safeguards when doing so. These treatment communications may occur orally or in writing, by phone, fax, e-mail, or otherwise.

Where can healthcare professionals have conversations?

Answer:

• Health care staff may orally coordinate services at hospital nursing stations.
• Nurses or other health care professionals may discuss a patient’s condition over the phone with the patient, a provider, or a family member.

Who can you discuss patient information with?

If the patient is present, or is otherwise available prior to the disclosure, and has the capacity to make health care decisions, the covered entity may discuss this information with the family and these other persons if the patient agrees or, when given the opportunity, does not object.

Can I violate my own HIPAA?

There are hundreds of ways that HIPAA Rules can be violated, although the most common HIPAA violations are: Impermissible disclosures of protected health information (PHI) Unauthorized accessing of PHI. Failure to enter into a HIPAA-compliant business associate agreement with vendors prior to giving access to PHI.