[ Friday, August 01, 2014 ]
Hospital Accuses Mother of Patient of Violating HIPAA By Taking Pictures of Him During Appointment.
Jeff [10:40 AM]
The hospital based its position on the fact that it has a policy that prohibits visitors from taking cell phone photos on hospital premises. Of course, the mother is not a covered entity, and even if she was, as personal representative of her son, she'd be entitled to consent to the release of his PHI via the pictures. But before condemning the hospital, keep this in mind: the hospital is also trying to prevent the mother from disclosing of the PHI of others besides the woman's son. If her pictures include other patients, that could be a problem. The hospital is reviewing its policies, and I suspect a reasonable accomodation will be reached.
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