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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

 
mriehle1
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Aug 01, 2012 08:42 |  #1

So, last night i visited my sister at OSU heart hospital in Columbus Ohio. I noticed the parking garage had a great view of the Columbus skyline.. So after my visit, i headed up to the top of the garage.. Got out my tripod, camera and shot about 3-4 pictures and was swooped on by Hospital patrol and OSU campus police.. (all 7 of them)

Make a long story short, they said i was violating the Hipaa act and i need to leave the garage.. No tickets. no arguments. Just yes sir, no sir and i was on my way.

I was facing south. The hospital was behind me... I could understand if i was zooming into peoples room windows.. But come on, i was looking the complete opposite way...

Anyways. Has anybody every been in this situation before with the Hipaa act? What should i do next? The view is perfect and i still want to shoot from there..

Thanks,

Mark:cool:


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Sam6644
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Aug 01, 2012 08:50 |  #2

OSU police don't have a good history with photographers
http://www.thelantern.​com …cuffed-detained-1.1428581 (external link)


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PhotosGuy
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Aug 01, 2012 08:54 |  #3

Seems like an over reaction to me. What Information is Protected (external link)

Protected Health Information. The Privacy Rule protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule calls this information "protected health information (PHI)."12

“Individually identifiable health information” is information, including demographic data, that relates to:

the individual’s past, present or future physical or mental health or condition,
the provision of health care to the individual, or
the past, present, or future payment for the provision of health care to the individual,

and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual.13 Individually identifiable health information includes many common identifiers (e.g., name, address, birth date, Social Security Number).

The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g.

De-Identified Health Information. There are no restrictions on the use or disclosure of de-identified health information.14 De-identified health information neither identifies nor provides a reasonable basis to identify an individual. There are two ways to de-identify information; either: (1) a formal determination by a qualified statistician; or (2) the removal of specified identifiers of the individual and of the individual’s relatives, household members, and employers is required, and is adequate only if the covered entity has no actual knowledge that the remaining information could be used to identify the individual.15


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diableri
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Aug 01, 2012 08:55 |  #4

If you were not recording, viewing or experiencing a patient or their information in any way, you cannot have been violating HIPAA (which if patients or their information was accessible via the roof then they have some problems beyond wayward photogs).

It was most likely just a scare tactic to get you to leave, which they didn't need because they just as easily could have said it was private property as a not-for-profit entity (guessing) and told to you leave on that basis. People are strange.




  
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mriehle1
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Aug 01, 2012 09:13 |  #5

Wow!

Sam6644 wrote in post #14799460 (external link)
OSU police don't have a good history with photographers
http://www.thelantern.​com …cuffed-detained-1.1428581 (external link)


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rick_reno
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Aug 01, 2012 09:29 |  #6

I'm pretty familiar with HIPPA, and it's a real stretch to use it as a reason to tell you to leave the parking garage. Did you get their names? badge numbers? I'd write a letter to the hospital administrator explaining what transpired. Request a response and see what happens.

http://www.hhs.gov/ocr​/privacy/ (external link)




  
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MadlyAlive
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Aug 01, 2012 11:43 |  #7

diableri wrote in post #14799483 (external link)
If you were not recording, viewing or experiencing a patient or their information in any way, you cannot have been violating HIPAA (which if patients or their information was accessible via the roof then they have some problems beyond wayward photogs).

It was most likely just a scare tactic to get you to leave, which they didn't need because they just as easily could have said it was private property as a not-for-profit entity (guessing) and told to you leave on that basis. People are strange.

This.

rick_reno wrote in post #14799639 (external link)
I'm pretty familiar with HIPPA, and it's a real stretch to use it as a reason to tell you to leave the parking garage. Did you get their names? badge numbers? I'd write a letter to the hospital administrator explaining what transpired. Request a response and see what happens.

http://www.hhs.gov/ocr​/privacy/ (external link)

And this.

I am also very familiar with HIPAA as I'm an IT Manager for a healthcare consulting company.


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jetcode
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Aug 01, 2012 12:30 |  #8

See if you can get permission from the hospital to shoot the city from that location.




  
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Aug 01, 2012 12:39 |  #9

Wow. They might as well have just told you that you were violating the clean air act for all that meant. What bloviating morons.


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airfrogusmc
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Aug 01, 2012 13:10 |  #10

If you were on their property in fact in most hospitals now you can't take photographs. I can't see how you would be violating hipaa unless you could see patients coming in and out of the hospital but if you are on their property they surely can have you stop taking photographs. Getting permission is the key but it probably wont come easy.




  
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digirebelva
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Aug 01, 2012 13:36 as a reply to  @ airfrogusmc's post |  #11

HIPPA or not, is it public or private property...? Private, you dont have much leeway or leverage...public...we​ll, I agree write the administrators..


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moose10101
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Aug 01, 2012 13:48 |  #12

digirebelva wrote in post #14800632 (external link)
HIPPA or not, is it public or private property...? Private, you dont have much leeway or leverage...public...we​ll, I agree write the administrators..

I'm trying to think of how a roof of any parking garage could be "public" property when it comes to a photographer's right to shoot from there. The fact that it's used by the "public" doesn't grant free rein.




  
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bjyoder
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Aug 01, 2012 14:14 |  #13

moose10101 wrote in post #14800677 (external link)
I'm trying to think of how a roof of any parking garage could be "public" property when it comes to a photographer's right to shoot from there. The fact that it's used by the "public" doesn't grant free rein.

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.


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airfrogusmc
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Aug 01, 2012 14:19 |  #14

digirebelva wrote in post #14800632 (external link)
HIPPA or not, is it public or private property...? Private, you dont have much leeway or leverage...public...we​ll, I agree write the administrators..

It sounds like it was their parking garage otherwise security would have not showed up at all. BTW I'm fully are of what hipaa is. 80% of my clients are healthcare. I have hospital IDs for several of my clients and still get stopped once in a while and questioned. If its the hospitals property you will get stopped for taking photographs most of the time.




  
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PUREBRAD
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Aug 01, 2012 14:51 as a reply to  @ airfrogusmc's post |  #15

HIPPA protects the confidentiality of a persons medical history / records. It has nothing to do with taking pictures from a hospital's garage.

That said, the hospital is private property. They can tell you not to take pictures or have a policy forbidding it.


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Hipaa Act interfered with Skyline shoot
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