What legal obligation does the receiving CE have when a misdirected fax is sent?

When a healthcare entity receives a misdirected fax containing protected health information (PHI), the legal obligation falls upon them to safeguard the PHI that they inadvertently received. This obligation is rooted in the Health Insurance Portability and Accountability Act (HIPAA), which establishes strict privacy and security standards for handling PHI.

Protecting the integrity and confidentiality of the PHI is essential because it ensures that sensitive patient information is not disclosed to unauthorized parties. This responsibility includes taking appropriate measures to restrict access to the information and ensuring that it is not used or disclosed inappropriately.

While other options may suggest actions that might be tempting, they do not align with the legal obligations set forth by HIPAA. Ignoring the fax could lead to accidental disclosures, destroying it immediately might violate the obligation to safeguard it and could raise questions regarding evidence handling, and reporting the sender to authorities may not be immediately necessary or helpful in protecting the individual's rights. Therefore, safeguarding the received PHI is the most legally and ethically responsible course of action.