Is this a HIPAA violation with respect to every patient who seeks services at MFMP on a given day? Why or why not?
MFMP should provide the NPP to all its patients on the first encounter and when there are material changes to the NPP. MFMP violates HIPAA by not providing and updating the NPP; patients have the right to receive the NPP. The NPP explains the responsibility of the covered entity to protect PHI, how the covered entity uses and disclosures PHI, and it explains the individual’s right.
2. Is it a HIPAA violation with respect to telephone consultations (that is, where a patient is not seen face-to-face by a provider at MFMP?) Why or why not?
If a patient’s encounter is not face-to-face and takes place over the phone, the covered entity should promptly mail the NPP to the patient after the telephone consultation. MFMP violates HIPAA by not providing the NPP to