Quick Answer: Is Saying A Patient Name A Hipaa Violation?

What qualifies as a Hipaa violation?

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 manage risks to the confidentiality, integrity, and availability of PHI..

Is patient name alone considered PHI?

Pursuant to 45 CFR 160.103, PHI is considered individually identifiable health information. A strict interpretation and an “on-the-face-of-it” reading would classify the patient name alone as PHI if it is in any way associated with the hospital.

What is the most common breach of confidentiality?

The most common patient confidentiality breaches fall into two categories: employee mistakes and unsecured access to PHI.

Can you talk about a patient without saying their name?

HIPAA violation: yes. … 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. HIPAA violation: potentially yes if someone can identify it is them and prove it.

What information is not considered PHI?

For example, employment records of a covered entity that are not linked to medical records. Similarly, health data that is not shared with a covered entity or is personally identifiable doesn’t count as PHI. For example, heart rate readings or blood sugar level readings without PII.

Does Hipaa laws apply to family members?

Outside of the HIPAA right of access, other provisions in the Privacy Rule address disclosures to family members. Specifically, a covered entity is permitted to share information with a family member or other person involved in an individual’s care or payment for care as long as the individual does not object.

Can a hospital release a patient’s name?

This includes inquiries from the press. The HIPAA privacy regulations expressly permit hospitals to release the patient’s name, location in the hospital, general condition and religion to clergy members, unless the patient has asked that the information not be released.

Can you call a hospital and ask if someone is there?

The best way is call the hospital that person would usually go to and ask them to call the person . Hospitals takes down people to be notified and if you are not on the list you can’t cal or see the person. You might call his close relatives and ask. You probably have to be family or they might not tell you.

What is the most common Hipaa violation?

One of the most common HIPAA violations, a lost or stolen device can easily result in the theft of PHI. For example, a case in 2016 was settled where an iPhone that contained a significant amount of PHI, such as SSNs, medications and more. The phone was also without a password or encrypted to protect the PHI.

What is the best example of protected health information PHI?

Health information such as diagnoses, treatment information, medical test results, and prescription information are considered protected health information under HIPAA, as are national identification numbers and demographic information such as birth dates, gender, ethnicity, and contact and emergency contact …

What happens if Hipaa is violated?

Criminal Penalties for HIPAA Violations The minimum fine for willful violations of HIPAA Rules is $50,000. The maximum criminal penalty for a HIPAA violation by an individual is $250,000. … Knowingly violating HIPAA Rules with malicious intent or for personal gain can result in a prison term of up to 10 years in jail.

What is the best example of PHI?

Examples of PHI Dates — Including birth, discharge, admittance, and death dates. Biometric identifiers — including finger and voice prints. Full face photographic images and any comparable images.

Are phone calls Hipaa compliant?

For a phone call to be HIPAA compliant, covered entities must state their name and contact information before addressing the purpose of their call. … Patients cannot be charged for phone calls or text messages and calls can only be made to the wireless phone number the patient provided.

What are the 3 types of Hipaa violations?

Here is the list of the top 10 most common HIPAA violations, and some advice on how to avoid them.Keeping Unsecured Records. … Unencrypted Data. … Hacking. … Loss or Theft of Devices. … Lack of Employee Training. … Gossiping / Sharing PHI. … Employee Dishonesty. … Improper Disposal of Records.More items…•