Q&A: Appropriate attire for home health staff

Q. I work for a home health agency. They’ve recently instructed us not to wear scrubs, lab coats, or anything that could obviously identify us as healthcare professionals. They’ve asked us to wear more business/professional casual attire because some patients complained that their neighbors saw nurses coming into the house and were concerned it was a HIPAA violation. Is this really a HIPAA concern, or could this be considered an incidental disclosure?

A. This is not a violation of the HIPAA Privacy Rule since no protected health information was disclosed. However, it is understandable that patients could be sensitive to their neighbors knowing they are receiving home health services. Wearing business attire is appropriate to allay these concerns and might also help protect healthcare workers from being accosted by individuals who believe the healthcare workers might have drugs with them or in their vehicles.

Editor’s note: This questions was answered by Mary D. Brandt, MBA, RHIA, CHE, CHPS. Brandt is a healthcare consultant specializing in healthcare regulatory compliance and operations improvement. She is also an advisory board member for Briefings on HIPAA. 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 Nicole Votta at nvotta@hcpro.com.