HIPAA-
Oral communications
HIPAA is not intended to prohibit health-care providers from talking
to each other and to their patients, recognizes that providers understand
the sensitivity of oral information, and acknowledges the importance of
oral communications occurring freely and quickly in treatment settings.
The privacy rule contains provisions requiring covered entities to implement
reasonable safeguards that reflect their particular circumstances and
exempting treatment disclosures from certain requirements. These are intended
to ensure that providers primary consideration is the appropriate
treatment of their patients.
Under the guidance, the following practices would be permissible, if reasonable
precautions are taken to minimize the chance of inadvertent disclosures
to others who may be nearby (such as using lower voices and talking apart):
Health-care professionals may discuss a patients condition
over the phone with the patient, a provider, or a family member;
A health-care professional may discuss lab test results with
a patient or other provider in a joint treatment area, and;
Health-care professionals may discuss a patients condition
during training rounds in an academic or training institution.
For example, the Privacy Rule does not require the following types of
structural or systems changes:
Private rooms
Soundproofing of rooms
Encryption of wireless or other emergency medical radio communications,
which can be intercepted by scanners
Encryption of telephone systems

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All rights reserved. Revised
June 26, 2002
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