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HIPAA Violation: Medical Clinic Leaves Box With PHI On Public Dumpster

This summer I had planned to do a dumpster-diving project with my sons, but then the Iowa floods postponed those plans. However, after reading the following I'm motivated to plan to do this in the spring after basketball and G&T activities are finished for the winter...

"Private medical records found in trash: Boxes with documents detailing confidential information found next to Laguna Hills medical office building."

A photo of the box of financial records including medical records with the patient files is in the article.

Patient privacy in general, and HIPAA compliance in particular, is a huge problem within small to medium sized medical providers. Yes, along with some large providers. But so many of the small to medium sized medical clinics I've talked to, when I ask them if they feel they are in compliance with HIPAA, smile confidently and dig out a notice of privacy protection (NPP) from deep within their drawers, hold it up and say, "Yes! We have paper right here!" However, they overwhelmingly do not realize that there is more to HIPAA than that NPP. Wait, I take that back...there is widespread misconception in provider offices that HIPAA also prohibits medical staff from telling patients and patients' families any of their own protected health information (PHI).

The amount of intact PHI just tossed into publicly-accessible trash bins, not only at medical clinics but also behind a large number of other types of organizations and businesses, is completely ridiculous.

Looks like a grassroots education effort is needed!

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Rebecca Herold's Bio:

Rebecca Herold, CISSP, CIPP, CISM, CISA, FLMI, has been providing information security, privacy and regulatory assistance and services to organizations from a wide range of industries for the past two decades. Rebecca was instrumental in building the information security and privacy program while at Principal Financial Group, which was awarded the CSI Information Security Program of the Year Award in 1998. IT Security ranked Rebecca as one of the top 59 IT security influencers, and Computerworld put Rebecca their list of the world's best privacy experts and on their list of the best privacy consulting firms in both 2007 and 2008. Rebecca has been CPO for two consulting organizations, and has had her own information privacy, security and compliance business since 2004. Rebecca has written chapters for several books, dozens of articles, and has been writing a monthly privacy column for the CSI Alert newsletter since the beginning of 2001, and is working on her 13th book. Some of her other books include The Privacy Papers, Managing an Information Security and Privacy Awareness and Training Program, The Definitive Guide to Security Inside the Perimeter (Realtime Publishers), The Shortcut Guide to Improving IT Service Support through ITIL (Realtime Publishers), and The Practical Guide to HIPAA Privacy and Security Compliance. In addition, Rebecca is the leader of The Realtime IT Compliance Community where she posts to her IT Compliance weblog. You can contact Rebecca at: rebecca_herold@realtimepublishers.net.