Health Insurance Portability and Accountability Act (HIPPA) Practice Exam

What is true about incidental use or disclosure under HIPAA?

1. It violates the HIPAA Privacy Rule unless minimum necessary standards have been implemented.

2. It is not a violation if the covered entity has taken appropriate safeguards.

3. If the disclosure occurs during authorized use, it is a violation.

4. It is always considered a violation regardless of circumstances.

The correct answer is: It is not a violation if the covered entity has taken appropriate safeguards.

The statement that it is not a violation if the covered entity has taken appropriate safeguards accurately reflects the provisions of HIPAA regarding incidental uses and disclosures. Under HIPAA, incidental disclosures refer to secondary exposure of protected health information (PHI) that occurs as a result of legitimate use or disclosure that is allowed under the rule. For these incidental disclosures to be considered compliant, covered entities are expected to implement reasonable safeguards to protect PHI. This means that as long as the covered entity has taken appropriate measures to minimize the risk of such incidental disclosures taking place, they would not be deemed non-compliant with the Privacy Rule. This understanding emphasizes the importance of protective measures in a healthcare setting, while recognizing that achieving absolute confidentiality is challenging. The focus is on the covered entity's efforts to protect patient information and the context in which the disclosure occurred. Implementing safeguards is crucial to mitigate the risks associated with incidental disclosures, thus allowing for flexibility in patient care and communication without undermining patient privacy.