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An incidental use or disclosure of protected health information (PHI) is not considered a violation of the HIPAA Privacy Rule if it occurs as a byproduct of an otherwise permitted use or disclosure, provided that reasonable safeguards were in place to limit the exposure. For example, if a healthcare provider discusses a patient’s treatment in a waiting room and others overhear, it may be deemed incidental as long as the provider took steps to minimize the risk of such disclosures. The key factor is that the disclosure was unintentional and occurred despite efforts to protect patient privacy.

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5mo ago

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