What is the difference between unintentional and inadvertent exclusions to a breach?

The distinction between unintentional and inadvertent exclusions to a breach centers on the nature of the events leading to the breach. Unintentional breaches typically refer to situations where a workforce member inadvertently accesses or discloses protected health information without malice or intent to harm. This can happen through mistakes such as sending an email to the wrong recipient or accessing files that should not have been viewed.

In contrast, inadvertent exclusions suggest a scenario where there may be knowledge of the protected information involved, but the action taken was not aimed at disclosing or using that information improperly. For instance, if an employee accidentally leaves a document containing sensitive information out in the open where unauthorized persons can see it, it would be categorized as inadvertent since the employee did not intend to share the information but was aware of its sensitive nature.

Understanding this distinction is crucial for healthcare organizations as it helps in assessing risks, reporting breaches accurately, and implementing corrective measures to protect patient privacy. This delineation assists in determining the level of response needed when addressing breaches of protected health information.