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FAQ 206 Is a covered entity required to prevent any incidental use or disclosure of protected health information?

This FAQ answers if a covered entity required to prevent any incident use or disclosure of protected health information.

Final

Issued by: Office for Civil Rights (OCR)

Is a covered entity required to prevent any incidental use or disclosure of protected health information?

Answer:

No. The HIPAA Privacy Rule does not require that all risk of incidental use or disclosure be eliminated to satisfy its standards. Rather, the Rule requires only that covered entities implement reasonable safeguards to limit incidental uses or disclosures. See 45 CFR 164.530(c)(2).

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