What is a HIPAA Incidental Disclosure in Healthcare?
Sometimes, information not intended to be public knowledge is inadvertently shared with others. Just as easily as it can happen in a casual conversation with a friend, it can also happen in the workplace. So, what is an incidental disclosure? The incidental disclosure definition, according to the U.S. Department of Health and Human Services (HHS), is a, "disclosure that cannot reasonably be prevented, is limited in nature, and that occurs as a result of another use or disclosure that is permitted by the Rule." What happens when there is an incidental disclosure in a healthcare setting? There is not a clear-cut answer. It simply depends on the magnitude of the situation. In general, healthcare settings are fluid environments. That means that a patient overhearing another patient's diagnosis or a visitor catching a glimpse of a screen with some personal health information (PHI) is not common grounds to facilitate a HIPAA violation.