What is the Intent of the Oral Privacy
Requirement?
Improving Patient Satisfaction
by Increasing Speech Privacy
Protect patient’s medical information from being
overheard by intentional or unintentional eavesdropping.

Providers must have in place appropriate physical
facility safeguards to protect patient’s privacy.

Reasonable safeguard means that providers must make
reasonable efforts to prevent uses and disclosures not
permitted by the rule. In other words, the facility must
take reasonable measures  to insure that discussions
about a patients medical information is not overheard by
others.            

In assessing what is reasonable, providers may consider
the viewpoint of prudent professionals.   

The final rule issued August 14, 2002 indicates that
while incidental disclosures of medical information may
be overheard on occasion, the medical staff must take
the appropriate precautions to comply with the oral
privacy requirements.              


Who must Comply with HIPAA?

As required by HIPAA, this regulation covers health care
providers, doctors offices, employers, vendors, service
organizations, universities, and healthcare plans. In
addition, the rule applies to all those who conduct
specific administrative and financial transactions through
oral communications.


HIPAA Deadline and Enforcement

The final rule occurred on August 14, 2002.  Most
providers must be in compliance by April 14, 2003 —
unless subsequent changes occur to that date.          

Enforcement of the HIPAA regulations will come under
the Department of Health and Human Services (HHS),
who will determine if an organization is compliant with the
new legislation. They will also issue penalties for non-
compliance with the oral privacy requirements.
The Lack of Oral Privacy

Private Areas

Doctors offices, examination rooms, treatment rooms,
etc. The problem is generally a lack of Confidential
Speech Privacy.  The unwanted result is that sensitive
conversations occurring in these areas can be
inadvertently understood outside the office by a
passer-by.  The ramifications of the unprotected
sensitive information disseminating can be  
insignificant or very costly. In either case, businesses
must avoid these types of liabilities whenever
possible...or risk their livelihood.

Open Areas

Certain areas, such as Admissions, nurses stations,
pharmacies, waiting rooms, reception and counseling
areas, are prone to a mix of two unavoidable factors
that equal a high risk of speech privacy breaches:
crowding and a high rate of speech volume. Due to
the open nature of these areas, conversations can be
easily overheard. The addition of simple curtains,
partial  height workstation dividers or glass sections
create a false sense of privacy but is usually not
sufficient to contain most speech.  In most facilities
without soundmasking, conversations can be legibly
overheard up to 50-feet away.

Soundmasking Increases Oral Privacy   

Properly designed and installed, soundmasking
solutions can reduce the distance a conversation can
be legibly overheard in an open area from almost
50-feet to under 15-feet. When soundmasking is
incorporated into a well-built private office space
(utilizing appropriate acoustical ceiling tiles, floors,
doors, and wall systems), Confidential Speech Privacy
can be achieved. By definition, Confidential Speech
Privacy requires a Privacy Index (PI) of no less than
95%. This translates to 95 out of every 100 words
discussed inside a private office are unintelligible from
the outside, leaving the remaining 5 out of every 100
words as insufficient clues for one to decipher the
message being exchanged.
Soundmasking.com is the web site of  Dynasound, Inc., the industry leader in sound masking since 1975.  Dynasound is a process
driven organization that provides turn-key sound masking solutions tailored to the requirements and characteristics of each environment.


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