Problem
Marisa Jones has multiple health issues, so during the COVID-19 pandemic she was pleased that her doctor had decided to use a telehealth system so that that Marisa wouldn't possibly be exposed to the disease in the doctor's waiting room. At the beginning of the video call, both the doctor and Marisa lost the connection. After 3 different tries, the doctor asked Marisa if she could use Face Time on her iphone instead of the telehealth system. Marisa agreed, so she and the doctor discussed her health and some very sensitive care decisions. After the call, Marisa discovered that the doctor's whole family had been listening to the call. The doctor wasn't wearing a headset or sitting in front of her computer. In fact, she was in her home office with the door open.
a) Has there been a HIPAA breach? Why or why not?
b) Is there a special privilege regarding HIPAA during a pandemic?