HIPAA - Quick Ref 16

HIPAA Quick Reference Guide For Employees

16.0 Vendors

Can a pharmaceutical or medical device vendor representative observe patient care or have access to PHI?

No. It is not appropriate for a supply or equipment vendor representative (such as a pharmaceutical or medical device vendor) to be present during a patient's appointment, treatment, or surgery. Additionally, a vendor may not have access to patient charts or lists of patient names. There are limited exceptions when a vendor representative's presence may be necessary and therefore allowed:

To educate or guide faculty or other staff in the use or insertion of a device, piece of equipment, or a drug, or
To service a device or piece of equipment for which the vendor is responsible.

The guidelines for these exceptions are available in the Guidance section of the HIPAA website.

If you suspect a vendor's presence is not authorized or his/her behavior is inappropriate, you should ask the vendor representative to leave or contact security at 2-6262 to have the vendor removed from the premises.

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