Q&A: Discussing PHI in public areas

Q. Patients often think of questions as they’re being escorted to the lobby. If the patient asks a question in the lobby, is it acceptable to answer the patient there, or should we ask him or her to step back into an exam room?

A. It is not necessary to ask the patient to return to the exam room. It is a good idea to find a quiet place away from waiting patients, friends, and family before having a discussion with a patient that involves PHI. If the conversation is overheard, it amounts to incidental disclosure, which is not a violation of HIPAA. You are required to take reasonable steps to make sure the conversation is private, but this is not always possible.

Editor’s note: This question was answered by Chris Apgar. Apgar is president of Apgar & Associates, LLC, in Portland, Oregon. He is also a Briefings on HIPAA editorial advisory board member. This information does not constitute legal advice. Consult legal counsel for answers to specific privacy and security questions. Opinions expressed are that of the author and do not represent HCPro or ACDIS. Email your HIPAA questions to Editor Nicole Votta at nvotta@hcpro.com.