Incidental Disclosures and HIPAA

An incidental use or disclosure is a
secondary use or disclosure that cannot
reasonably be prevented, is limited in
nature and occurs as a result of another
use or disclosure that is permitted by
the Rule.

What exactly is an Incidental
Disclosure? A client in your waiting
room accidentally overhears your
conversation while you are wrapping up
with another client. You inadvertently
left a patient file exposed while leaving
your office for a moment. According to
Hushmail, HIPAA does not expect
perfection if the disclosure meets a
couple of conditions:

It’s secondary: It happens as a side
effect of an otherwise allowed use or
sharing of information. It’s unavoidable: Reasonable steps have
been taken to protect the information
but the disclosure couldn’t realistically
be prevented. It’s limited: Only a small amount of
information is exposed.

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