Patient RightsQuestion 15 of 200

A CNA is discussing a resident's diagnosis with another CNA in the hallway near the elevator. This is:

a.A HIPAA confidentiality violation; discussions must occur in private and only with those who need to know
b.Acceptable because both are facility staff
c.Acceptable as long as the resident's name is not used loudly
d.Acceptable when the elevator door is closed

Explanation

HIPAA (45 CFR §164.530) and 42 CFR §483.10(h) require minimum necessary disclosure and reasonable safeguards. Discussing PHI in public hallways violates confidentiality even between staff if others can overhear and the second staff member does not need the information for care. Staff status (b), volume control (c), or elevator doors (d) do not cure the violation. Discussions should occur in nursing stations, behind closed doors, or via secure shift report.

Law Reference: 42 CFR §483.10(h); HIPAA 45 CFR §164.530

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