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?
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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?
No, absolutely NOTHING to do with HIPAA..
I was told by another healthcare worker it was a violation and to be reported
Jeep it the .'medical file' context. I would have a specific SD card ser aside to be safe.
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.
In wonde ring why they can't figure out another more practic, ethical way to do whatever it is...
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?Quote:
Originally Posted by m5914
It would have saved lot of wondering what was going on.
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.Quote:
Originally Posted by N0help4u
Before doing this in the future, I would make sure you have permission with witnesses. I would also consult your supervisor.
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.
If the healthcare provider took the picture without the consent of the patient it is indeed a violation of HIPAA.
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.
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