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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 01 Aug 2012 (Wednesday) 08:42
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Hipaa Act interfered with Skyline shoot

 
Gaarryy
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Aug 01, 2012 15:01 |  #16

HIpaa is often quoted and used as a catch all to allow staff do to what they want to do. But you were better off in leaving then staying and attempting to argue with security since that is a battle you will never win on the spot.
It's frustrating for me since I work in health care and often run into someone being lazy and just not wanting to do something that quotes Hipaa, it's often funny when I explain what it is and is not, and how that doesn't apply to the task at hand. Often the story just changes to "That's our policy".
It's just sad.

What's funny is when I explain to a higher up that there is no reason for me to continue to refer patients to that imaging modality if I can't have access to the reports and images which will hurt their bottom line how quickly they "make an exception"


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Wilt
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Aug 01, 2012 15:21 |  #17

PUREBRAD wrote in post #14800954 (external link)
HIPPA protects the confidentiality of a persons medical history / records. It has nothing to do with taking pictures from a hospital's garage.

Under HIPAA, even that fact that I personally see someone going into/coming out from/or someone in a room, I cannot disclose that fact even to an employee of the healthcare facility, when they do not have the 'need to know'. It is not merely records or identifying information.

Having just completed in June the HIPAA non-disclosure training at the county healthcare center, and signing their HIPAA compliance agreement, I know with certainty!

If I saw Christina Aguilera walking in the hospital, I could not even mention it to someone else, as she might be there seeing a practitioner!


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airfrogusmc
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Aug 01, 2012 15:23 |  #18

Wilt wrote in post #14801087 (external link)
Under HIPPA, even that fact that I personally seesomeone going into/coming out from/or someone in a room, I cannot disclose that fact even to an employee of the healthcare facility, when they do not have the 'need to know'. It is not merely records or identifying information.

Having just completed the HIPPA non-disclosure training and signing the compliance agreement, I know!

Exactly....




  
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thedge
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Aug 01, 2012 15:23 |  #19

HIPPA governs patient information, records, data, etc. I suppose they could make they case that they thought you were zooming in on windows to look at computer screens but thats about all they have. HIPPA doesnt govern parking garages or things of that nature, unless they happen to have computers out there displaying patient information.

I suspect they were misinformed about what HIPPA covers/doesnt cover or were using it as a scare tactic given that it is Federal law. As others have said, its private property etc but you were not in violation of HIPPA that I can see.


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PUREBRAD
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Aug 01, 2012 15:36 |  #20

Wilt wrote in post #14801087 (external link)
Under HIPAA, even that fact that I personally see someone going into/coming out from/or someone in a room, I cannot disclose that fact even to an employee of the healthcare facility, when they do not have the 'need to know'. It is not merely records or identifying information.

Having just completed in June the HIPAA non-disclosure training at the county healthcare center, and signing their HIPAA compliance agreement, I know with certainty!

If I saw Christina Aguilera walking in the hospital, I could not even mention it to someone else, as she might be there seeing a practitioner!

Wilt, I'm glad to see you put enough effort into completing some HIPPA training. Now you should put some effort into actually reading the posts. Taking a picture of skyline from the hospital's property does not infringe on any patient's rights. The OP wasn't taking pictures of the hospital or its patients. He was photographing land away from the site itself.


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Wilt
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Aug 01, 2012 15:45 |  #21

PUREBRAD wrote in post #14801151 (external link)
Wilt, I'm glad to see you put enough effort into completing some HIPPA training. Now you should put some effort into actually reading the posts. Taking a picture of skyline from the hospital's property does not infringe on any patient's rights. The OP wasn't taking pictures of the hospital or its patients. He was photographing land away from the site itself.

I did not make a comment about the applicability of HIPAA in the situation of the OP, I merely clarified what HIPAA protects...it is NOT merely name, address, identifying number, and health data, but the fact that someone was seen in the facility.

As for the applicability of HIPAA, one might say that the assumption that a photographer would never point his camera and lens at someone walking in or out is to ASS-U-ME that to be the case. While the OP original intent was to shoot a skyline from that vantage, the guy could easily have taken advantage of being at the right place at the right time, like seeing Christina Aguilera on her way to a doctor in the place and putting a very long lens on the camera and pointing it in her direction.


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SkipD
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Aug 01, 2012 15:59 |  #22

rick_reno wrote in post #14799639 (external link)
I'm pretty familiar with HIPPA....

digirebelva wrote in post #14800632 (external link)
HIPPA or not....

PUREBRAD wrote in post #14800954 (external link)
HIPPA protects....

thedge wrote in post #14801098 (external link)
HIPPA governs....

Folks, it's HIPAA, not HIPPA. See Health Insurance Portability and Accountability Act (external link).


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Curtis ­ N
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Aug 01, 2012 16:22 |  #23

PUREBRAD wrote in post #14800954 (external link)
the hospital is private property. They can tell you not to take pictures or have a policy forbidding it.

I don't mind the rules and policies so much, but I get irritated by lame, irrelevant reasons given for having such a policy. Any fool knows it's not really a HIPAA issue.

Like the sign at the forest preserve that says you have to pickup your dog's poop "to prevent spread of disease." Gimme a freakin' break! The place is full of deer poop, goose poop, squirrel poop and racoon poop. My dog is vaccinated for five different diseases. Why can't they just say, "Pickup your dog's poop so other people won't step in it?"


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airfrogusmc
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Aug 01, 2012 16:25 |  #24

PUREBRAD wrote in post #14801151 (external link)
Wilt, I'm glad to see you put enough effort into completing some HIPPA training. Now you should put some effort into actually reading the posts. Taking a picture of skyline from the hospital's property does not infringe on any patient's rights. The OP wasn't taking pictures of the hospital or its patients. He was photographing land away from the site itself.

Read my post and Skips. Its probably about being on hospital property taking photographs and in most hospitals that ain't gonna happen. Again I don't see how hipaa was an issue in this case but if the hospital owns the garage they can say what and where you can photograph while on their property. I've had to go through the same hipaa training as much of the hospital staff has had to go through to be able to shoot in these environments.




  
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Mark_Cohran
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Aug 01, 2012 16:29 |  #25

Curtis N wrote in post #14801335 (external link)
I don't mind the rules and policies so much, but I get irritated by lame, irrelevant reasons given for having such a policy. Any fool knows it's not really a HIPAA issue.

Like the sign at the forest preserve that says you have to pickup your dog's poop "to prevent spread of disease." Gimme a freakin' break! The place is full of deer poop, goose poop, squirrel poop and racoon poop. My dog is vaccinated for five different diseases. Why can't they just say, "Pickup your dog's poop so other people won't step in it?"

I totally agree. If rules are clear and are enforced fairly, I have no issues with them at all, it's when the reasoning is made up on the fly, is irrevelent or not evenly enforced that raises my ire.


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RTPVid
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Aug 01, 2012 16:45 |  #26

OK, as I glean through the various posts by people who seem to know what HIPAA covers, I surmise it would be possible for someone to violate HIPAA by taking photographs from someplace on the roof of that garage (i.e. there would be a vantage point where you could be photographing patients entering or leaving, etc.)

If that is true, put yourselves in the place of the head of security for the hospital. Which policy is actually enforceable by your average private security company:

1. Determine what the photographer is doing and if he/she is violating HIPAA, ask them to leave, or
2. Allow no photography from the roof of the garage.

Give them a break. Assuming my opening statement is correct, their policy (#2) is a reasonable one, IMO.


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airfrogusmc
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Aug 01, 2012 16:47 |  #27

RTPVid wrote in post #14801438 (external link)
OK, as I glean through the various posts by people who seem to know what HIPAA covers, I surmise it would be possible for someone to violate HIPAA by taking photographs from someplace on the roof of that garage (i.e. there would be a vantage point where you could be photographing patients entering or leaving, etc.)

If that is true, put yourselves in the place of the head of security for the hospital. Which policy is actually enforceable by your average private security company:

1. Determine what the photographer is doing and if he/she is violating HIPAA, ask them to leave, or
2. Allow no photography from the roof of the garage.

Give them a break. Assuming my opening statement is correct, their policy is a reasonable one, IMO.

All of the healthcare clients I work for 26 or so allow no photographs on their property period without prior permission.




  
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diableri
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Aug 01, 2012 16:58 |  #28

Wilt wrote in post #14801087 (external link)
Under HIPAA, even that fact that I personally see someone going into/coming out from/or someone in a room, I cannot disclose that fact even to an employee of the healthcare facility, when they do not have the 'need to know'. It is not merely records or identifying information.

Having just completed in June the HIPAA non-disclosure training at the county healthcare center, and signing their HIPAA compliance agreement, I know with certainty!

If I saw Christina Aguilera walking in the hospital, I could not even mention it to someone else, as she might be there seeing a practitioner!

A photographer is not a practioner (unless they are)... however from the hospital, yeah there's that whole sticky wicket of expectations of privacy.




  
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moose10101
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Aug 01, 2012 17:05 |  #29

bjyoder wrote in post #14800755 (external link)
Being part of one of the largest public universities in the nation negates that, though. OSUMC is on the Ohio State campus, which (I believe) makes it public land.

So is my local courthouse. Want to try to take photos there?

"Public property" does not always equal "free access/use".




  
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diableri
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Aug 01, 2012 17:07 |  #30

bjyoder wrote in post #14800755 (external link)
Being part of one of the largest public universities in the nation negates that, though. OSUMC is on the Ohio State campus, which (I believe) makes it public land.

They're usually not owned by the schools. They are usually set up as separate entities for financial and legal (especially in medicine) reasons. I honestly don't know about this one but it would be odd for it to be the actual school and likely economically foolish. All of our educational hospitals are contractually affiliated with the schools but not actually the schools themselves. For all practical purposes, they are the schools but legally they are separate entities.




  
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