Legal & EthicalQuestion 194 of 200
A CNA discusses a resident's HIV status with another CNA in the elevator where visitors can hear. This is:
a.Allowed because both are caregivers
b.Allowed because the resident is not present
c.A HIPAA privacy violation; PHI must be discussed only with those who have a need to know and in a secure setting; the facility must train staff on safeguards under 45 CFR §164.530
d.Allowed because elevators are private
Explanation
45 CFR §164.530 requires covered entities to implement administrative, physical, and technical safeguards to protect PHI from incidental disclosures. Discussing diagnoses (especially sensitive ones like HIV under 42 USC §300ff-25 and CA HSC §120975 confidentiality) in public spaces — elevators, hallways, breakrooms within earshot of others, or social media — is a violation. Status as a coworker (a) does not satisfy 'need to know' for unassigned residents. Resident absence (b) and elevator 'privacy' (d) are not defenses. The CNA self-reports and the privacy officer assesses breach notification under 45 CFR §164.404.
Law Reference: HIPAA 45 CFR §164.530Practice all 200 questions free — no signup required.
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