Q&A: Safeguards for community-based testing sites

Q: OCR has announced that it will waive enforcement discretion for HIPAA violations that occur at COVID-19 community-based testing sites. The agency did, however, indicate that reasonable safeguards should be implemented. What are your safeguard recommendations for a testing site that is constructed in a parking lot?

A: Reasonable safeguards may include:

• Including a waiver in the consent-for-treatment form that states the patient understands his or her use of the testing site may be seen by others who may recognize the patient
• Limiting media access to testing sites (or requiring that any filming not identify individuals with full-face photographs or vehicle license plates)
• Selecting a parking lot that is not easily visible from a public street

Editor's note: Mary Brandt, MBA, RHIA, CHE, CHPS is a healthcare consultant specializing in healthcare regulatory compliance and operations improvement. She is also an advisory board member for BOH. This information does not constitute legal advice. Consult legal counsel for answers to specific privacy and security questions. Opinions expressed are those of the author and do not represent HCPro or ACDIS. Email your HIPAA questions to Editor Kevin Duffy at kduffy@hcpro.com.