It seems an Acton, Mass., family doctor closed his practice suddenly and had hundreds of patient files in storage.  The doctor was apparently evicted from his office as he was being pursued by state regulators for practicing without a license! As a result, the records in storage were in limbo, and were nearly auctioned off to the highest bidder, along with equipment and miscellaneous items belonging to the “doctor.”

This incident has a happy ending, as a local hospital has stepped up and offered to “rescue” the records. But not every case like this ends on an upbeat note. This kind of situation is created more often by careless Covered Entities who simply toss un-shredded records in the trash.

HIPAA Requires Destruction Before Disposal

Let’s be crystal clear here folks: HIPAA regulations require PHI to be destroyed before it is disposed of; and its is a HIPAA violation to dispose of PHI that has not been destroyed or rendered indecipherable. And HHS released new guidelines (PDF download) in 2009 on PHI destruction.

Don’t fall into such an obvious trap! Make sure your entity has a clear policy and procedures on PHI disposal and destruction. Train staff on the policy and procedures, and be certain your policy is followed consistently every time. This is a preventable HIPAA violation – be careful!

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