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YOU ARE HERE : HOME / HIPAA Frequently Asked Questions / FAQ 9
9. What are the ways that patient confidentiality is most often violated?

1. Discussions of patient information in a public place or with people not involved in the care or treatment of a patient.

2. Print or electronic patient information that is left exposed where visitors or unauthorized individuals can view it.

3. Records that are accessed for improper personal reasons unrelated to work.

Do you mean to tell me that I have violated the Privacy Regulations if my conversation with the patient, a medical student or nurse is overheard?

Not necessarily. The Final Rules released on August 14, 2002 clarify that certain incidental uses and disclosures that occur as a by-product of a use or disclosure otherwise permitted under the Privacy Rule are permitted. However, University Personnel must reasonably safeguard protected health information to limit incidental uses or disclosures made pursuant to an otherwise permitted or required use or disclosure.

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