Privacy Officer's Roundtable

If PHI is disclosed to an individual, but the individual already knows the PHI because they were physically present, how would you answer the question "would the PHI reasonably be retained by the recipient" (paraphrasing)?

Individual is physically present and sees activities happening.  A short time later he gets a letter, by mistake, containing PHI, but there is nothing in the letter that he doesn't already know.

How would you determine if the individual would reasonably be able to retain the PHI because of what he already saw or what he received in the mail?

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David Garrison MPH
Compliance/Privacy Officer
SEARHC
Juneau,AK
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David,

Anyone who receives something in the mail can keep it, copy it, memorize it, etc., so even if the individual hadn't seen the activities, he/she would still be able to retain the information if they received it in the mail.

This would probably affect the factor of "who viewed/received the information" more than the retention factor.  The person who received/viewed the information also witnessed it in "real time".

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Cinda Kropka MHA
Compliance/Ethics & Privacy Officer
Avita Health System
Galion,OH
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Original Message:
Sent: 02-04-2015 03:31 PM
From: David Garrison
Subject: Disclosed PHI already known

If PHI is disclosed to an individual, but the individual already knows the PHI because they were physically present, how would you answer the question "would the PHI reasonably be retained by the recipient" (paraphrasing)?

Individual is physically present and sees activities happening.  A short time later he gets a letter, by mistake, containing PHI, but there is nothing in the letter that he doesn't already know.

How would you determine if the individual would reasonably be able to retain the PHI because of what he already saw or what he received in the mail?

-------------------------------------------
David Garrison MPH
Compliance/Privacy Officer
SEARHC
Juneau,AK
-------------------------------------------

Thanks Cinda, that helps.

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David Garrison MPH
Compliance/Privacy Officer
SEARHC
Juneau,AK
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Original Message:
Sent: 02-04-2015 03:39 PM
From: Cinda Kropka
Subject: Disclosed PHI already known

David,

Anyone who receives something in the mail can keep it, copy it, memorize it, etc., so even if the individual hadn't seen the activities, he/she would still be able to retain the information if they received it in the mail.

This would probably affect the factor of "who viewed/received the information" more than the retention factor.  The person who received/viewed the information also witnessed it in "real time".

-------------------------------------------
Cinda Kropka MHA
Compliance/Ethics & Privacy Officer
Avita Health System
Galion,OH
-------------------------------------------


Original Message:
Sent: 02-04-2015 03:31 PM
From: David Garrison
Subject: Disclosed PHI already known

If PHI is disclosed to an individual, but the individual already knows the PHI because they were physically present, how would you answer the question "would the PHI reasonably be retained by the recipient" (paraphrasing)?

Individual is physically present and sees activities happening.  A short time later he gets a letter, by mistake, containing PHI, but there is nothing in the letter that he doesn't already know.

How would you determine if the individual would reasonably be able to retain the PHI because of what he already saw or what he received in the mail?

-------------------------------------------
David Garrison MPH
Compliance/Privacy Officer
SEARHC
Juneau,AK
-------------------------------------------