Ask Experts Questions for FREE Help !
Ask
    m5914's Avatar
    m5914 Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Jul 15, 2013, 12:04 PM
    Is taking a picture an not sharing it a violation of hippa
    Is taking an innocent picture of a patient on your cell phone with the intent to only show another caretaker that takes care of the said patient a violation of Hippa? With no intent on posting the picture anywhere or showing any one else the photo?
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
    		  
    #2

    Jul 15, 2013, 12:09 PM
    No, absolutely NOTHING to do with HIPAA..
    m5914's Avatar
    m5914 Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Jul 15, 2013, 12:12 PM
    I was told by another healthcare worker it was a violation and to be reported
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
    		  
    #4

    Jul 15, 2013, 12:13 PM
    Jeep it the .'medical file' context. I would have a specific SD card ser aside to be safe.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
    		  
    #5

    Jul 15, 2013, 12:26 PM
    It certainly isn't a nice thing to do. Do you work in a nursing home? I am in healthcare and I would certainly not consider doing that for any purpose.

    That is a very fine line between HIPAA and abuse.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
    		  
    #6

    Jul 15, 2013, 12:35 PM
    In wonde ring why they can't figure out another more practic, ethical way to do whatever it is...
    m5914's Avatar
    m5914 Posts: 3, Reputation: 1
    New Member
    		  
    #7

    Jul 15, 2013, 12:43 PM
    Yes a nursing home It wasn't done for any malicious reason the patient was going out to a family's wedding and was all dressed up in a nice tuxedo and looked really good I wanted to show his other caretaker as she wasn't there to see him that day
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
    		  
    #8

    Jul 15, 2013, 01:18 PM
    Quote Originally Posted by m5914 View Post
    Yes a nursing home It wasn't done for any malicious reason the patient was going out to a family's wedding and was all dressed up in a nice tuxedo and looked really good I wanted to show his other caretaker as she wasn't there to see him that day
    Ok then, why didn't you explain this in your original post?
    It would have saved lot of wondering what was going on.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
    		  
    #9

    Jul 15, 2013, 01:24 PM
    It has nothing to do with his medical condition and you has his Okay.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #10

    Jul 15, 2013, 01:30 PM
    Quote Originally Posted by N0help4u View Post
    It has nothing to do with his medical condition and you has his Okay.
    That's the key, you had his permission to take and show the picture. Otherwise it might be considered a violation. Even though it doesn't involve medical info, it does show that the person is in a nursing home.

    Before doing this in the future, I would make sure you have permission with witnesses. I would also consult your supervisor.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
    Ultra Member
    		  
    #11

    Jul 15, 2013, 04:52 PM
    Check your employer's established procedures to ensure compliance with HIPAA. The regulations require healthcare companies to establish procedures which ensure compliance.
    "I was told by another healthcare worker it was a violation and to be reported"
    "With no intent on posting the picture anywhere or showing any one else the photo?"
    Considering these two quotes, if factual, the other healthcare worker was the other caretaker (the person to whom you wanted to show the picture) who told you it is a violation(?)
    Was it reported and was the patient competent to give permission?
    Even if permission was valid, key is what your employer's established policy says.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
    Expert
    		  
    #12

    Jul 15, 2013, 07:24 PM
    If the healthcare provider took the picture without the consent of the patient it is indeed a violation of HIPAA.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #13

    Jul 15, 2013, 07:27 PM
    The only way a health care provider can take a photo is as noted with the consent of the patient, most health care groups have written policy on this, and require permission to be in writing.

    Also if that patient is not mentally competent the permission has to be done by guardian.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Is taking a picture of an infant in a nicu a hippa violation [ 5 Answers ]

A nurse that I work with took a picture of her holding an infant she was taking care of and posted it on Facebook with the comment "Sometimes I really love my job" Is this a HIPPA violation since there were no name mentioned or personal information?

Hippa Violation Or Privacy Law Violation? [ 16 Answers ]

My ex boyfriend got me pregnant and left me at four months. I have many physical problems and he had his friend who is a pharmicist look up my perscriptions (I live 40 miles away from that store location and have never been there) and then the pharmacisit shared all the information. Can I do...

Picture of aborted fetus hippa violation [ 3 Answers ]

No patient information was inclued with picture, no was picture shared with anyone else - abortion was performed at my place of employment and was past gestional period of "being legal" in my state but was performed regardless. I was terminated for taking the picute of the products of conception...

Is sharing nursing notes and hospital notes with physician a HIPPA violation [ 7 Answers ]

Pediatric patient has homehealth. Patient has lived with grandparents for 4 years. Mother has now come back into picture. For the best interest of the child, is it a HIPPA violation for a nurse to dicuss homehealth record with physician during hospitalizations.

Hippa violation? [ 5 Answers ]

I was recently discharged last month from a medical center and was brought in the ER for psych reasons. The person who registered me according to the other staff, Called his cousin my former supervisor who notified my manager. I was told by admitting Staff there that during the 24hrs there, the...

View more questions Search