A CNA discusses a resident's HIV status with another CNA in the elevator where visitors can hear. This is:
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 (b) does not satisfy 'need to know' for unassigned residents. Resident absence (d) and elevator 'privacy' (a) are not defenses. The CNA self-reports and the privacy officer assesses breach notification under 45 CFR §164.404.
Law Reference: HIPAA 45 CFR §164.530This topic, taught in full in the Certified Nursing Assistant (CNA) guide. CNA — Complete Study Guide (2026) — PDF + EPUB, $19.99 · 14-day refund →
Practice all 200 questions free — no signup required.
Own the complete Certified Nursing Assistant (CNA) guide — PDF + EPUB, $19.99 →
Related questions on this topic
- Under Penal Code §11166, a mandated reporter who fails to report KNOWN OR REASONABLY SUSPECTED child abuse or neglect commits:
- A Filipino resident speaks Tagalog as her primary language. Which is the BEST way the facility ensures meaningful communication?
- Which act, if committed by a CNA against a resident and substantiated by CDPH, would result in placement on the CA Nurse Aide Registry as a finding of abuse/neglect/misappropriation, barring future SNF employment?
- A resident wishes to file a grievance about cold meals. The facility must:
- A CNA with a documented back injury asks the employer for a reasonable accommodation (use of a mechanical lift for all transfers). The employer must:
- A resident with a valid DNR/POLST collapses in the dining room. Bystanders call out for someone to start CPR. The CNA should:
Last reviewed: · editorial process