Identification of AIDS Status Through Medical Alert Systems

Dentist Revises Process to Safeguard Medical Alert Protected Health Information

Overview

A recent investigation by the Office for Civil Rights (OCR) involving a dental practice’s patient-record flagging process highlights a potential HIPAA violation. OCR confirmed allegations that the practice marked certain physical medical records with a red sticker labeled “AIDS” on the outside cover. Because the records were handled in a way that allowed other patients and staff without a need to know to see the sticker, the practice potentially disclosed patients’ AIDS status within the office setting.

Corrective Action

After being notified of the OCR complaint, the dental practice immediately removed the red “AIDS” sticker from the complainant’s file. To resolve the matter, OCR also required the practice to revise its policies and operating procedures and to relocate medical alert stickers to the inside cover of patient records. In addition, the covered entity’s Privacy Officer and other representatives met with the patient to apologize and followed up with a written apology.

Key Lesson

The key lesson is that special medical alerts should not be placed on the outside of physical patient records. This practice is especially risky in a dental office, where the typical layout may allow other patients to visually identify information on a chart. If a patient is escorted by staff and seen by others, an outside chart label may be connected to that individual. This creates a significant risk of violating HIPAA and other laws protecting against disclosure of a person’s AIDS status.

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John Fisher is a seasoned health care lawyer with more than 30 years of experience advising physicians and health care providers. His practice spans a wide range of issues, including physician investments in ambulatory surgery centers, concierge and cash-based medical practices, and health care fraud prevention. John is dedicated to helping his clients navigate complex legal challenges while protecting their interests and ensuring compliance in a rapidly evolving industry.

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