What about incidental disclosures of PHI?

There are a number of instances where a patient’s identity or personal information may not be kept completely confidential within the course of a visit to the clinic. Certain incidental disclosures of a patient’s identity are permissible under the privacy rule provided that reasonable efforts are made to avoid unnecessary sharing of information. For example, patient sign-in sheets are acceptable provided that only the patients’ names are listed and don’t include information such as the medical reason for visit. Calling out a patient’s name in a waiting room is also considered a permissible incidental disclosure. Similarly, conversations that occur in common areas, such as check-in, check-out, or shared testing areas (like a pretest room), are allowed, provided that reasonable precautions are taken, including using lowered voices and avoidance of discussing invasive personal medical questions.