Guest JM123 Posted September 10, 2010 Posted September 10, 2010 Can a covered entity leave a voicemail with PHI on an individual's home phone? If so, can you point me to some guidance?
J Simmons Posted September 10, 2010 Posted September 10, 2010 I don't have guidance to point you to, but I do not think that you can leave PHI on the person's home phone answering machine. That would assume that the person does not have a privacy interest in keeping the PHI from whomever he may be living, or has access to the voice mail. I do not think that is a correct assumption. I do not think that so leaving PHI is reasonable with the injunctive that the PHI be kept reasonably confidential. This is so because you can simply leave a message for the person to call back and leave a number for them to do so. Then on the call back, if the person identifies himself as such, you can then give him the PHI. John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.
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