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QUESTION

Mary is a patient at Select OB/Gyn. When she found out she was pregnant, she met with an OB nurse to discuss her diet and other prenatal issues. Mary...

Mary is a patient at Select OB/Gyn. When she found out she was pregnant, she met with an OB nurse to discuss her diet and other prenatal issues. Mary later suffered a miscarriage. Two days after her scheduled due date, Mary received a congratulatory package of baby formula in the mail from a manufacturer. When Mary asked Select OB/Gyn about this, Select’s privacy officer responded that Mary had been notified via the Notice of Privacy Practices that her name may be given to companies as part of Select’s health care operations. Mary was further informed that she had signed a consent form granting permission to Select to disclose her PHI for TPO purposes.

Is the privacy officer’s analysis correct? Why or why not?

Would your response be the same or different if Mary had delivered a healthy baby instead of having a miscarriage?

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