Q&A: Disposal of PHI documentation

Q: We are a doctor’s office in a small town. Recently, one of our patients threw away some papers containing PHI in a wastebasket in the waiting room. Another patient’s child later took them out of the wastebasket. The child’s parent brought the papers up to the desk and apologized. Is this a privacy breach? Are we responsible for the papers even though we turned them over to the patient?

A: This is not a privacy breach, since the patient discarded the PHI. If you become aware of any PHI left in the waiting area, it should be shredded, along with other confidential documents.