tci Medicare Compliance & Reimbursement - 2015 Issue 16

Reader Question: Is it a Breach if PHI Doesn't Leave the Facility?

Question: An employee at our hospital accessed records for which he had no legitimate reason to do so. He didn’t tell anyone outside our hospital about any of the information he accessed. Is this still a reportable breach incident, even though the information didn’t leave our hospital? Answer: To determine the answer, you must go back to the definition of a breach, which is any acquisition, access, use or disclosure in violation of the HIPAA Privacy Rule, says Jim Sheldon-Dean, founder and director of compliance for Lewis Creek Systems LLC in Charlotte, VT. In this situation, &ldquo...

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