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HIPAA/Privacy Violation

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feelingviolated

Junior Member
What is the name of your state (only U.S. law)? MI

I am shaken and feeling violated after being filmed in my treatment room without my permission. The filming was done by some stranger who came into my room after I had told the Dr. I did not want to be filmed. I had to tell him to LEAVE and then he was allowed back in while my eyes were closed. I opened them to find him in there filming again. He was also allowed to take footage of my chart without my permission. The intent was to use it on a website for the office. Do I have to just let this slide unless they go ahead and publish it or do I have recourse with either the film crew or the office because it happened at all? I said NO clearly to the Dr. to the assistant and to the camera man several times and NObody would listen to me.
 


lealea1005

Senior Member
What is the name of your state (only U.S. law)? MI

I am shaken and feeling violated after being filmed in my treatment room without my permission. The filming was done by some stranger who came into my room after I had told the Dr. I did not want to be filmed. I had to tell him to LEAVE and then he was allowed back in while my eyes were closed. I opened them to find him in there filming again. He was also allowed to take footage of my chart without my permission. The intent was to use it on a website for the office. Do I have to just let this slide unless they go ahead and publish it or do I have recourse with either the film crew or the office because it happened at all? I said NO clearly to the Dr. to the assistant and to the camera man several times and NObody would listen to me.

You would have had to sign a specific permission form stating you are permitting your treatment and file recorded. Without that, they are clearly in violation. Other members may be able to elaborate if there are any other charges applicable.

There are no provisions for monetary gain from a HIPAA violation, but you can file a complaint by going to their website and following directions.
 

feelingviolated

Junior Member
You would have had to sign a specific permission form stating you are permitting your treatment and file recorded. Without that, they are clearly in violation. Other members may be able to elaborate if there are any other charges applicable.

There are no provisions for monetary gain from a HIPAA violation, but you can file a complaint by going to their website and following directions.

Thanks. I never signed anything and I said NO so many times it's ridiculous. Then to open my eyes and see him in my room again :eek::mad: I've gotten some conflicting advice. One person told me I can't really do anything unless they actually use the footage. I can't believe they allowed some stranger in my room TWICE after I made it so clear that I did not want this and that it would all just be okay as long as they didn't use it. I would love to hear from others also. I also wonder if the film crew can be held responsible at all? I did tell him to his face to get out and stay out and he came back anyway. IN my treatment room. WTH does this guy think he is?
 

lealea1005

Senior Member
By allowing the film crew in the room with you without your specific permision, your Physician was the one to violate HIPAA. The film crew is not considered a covered entitiy. They were hired by your Physician and were doing their job.
 

ecmst12

Senior Member
If the footage were to be aired without your permission, AND you somehow suffered damages because of it, the film company could be held liable (in part) for those damages, since they do have the responsibility to secure releases before any identifying footage is aired. But damages seem unlikely in any case, and as mentioned, only the doctor is covered by Hipaa.
 

lya

Senior Member
I don't know if the film crew was covered by HIPAA or not. The physician's practice is a covered entity and the film crew was contracted by the physician's practice; contracted services have been interpretted as being bound to comply with HIPAA.

HIPAA protects from the improper release of person-identifying information and personal health information that may accompany the personal identity information. Body parts do not identify a person's identity. Filming and then showing someone's face/head would identify the person and stating this photo was taken of a patient at Doctor X's would reveal protected, personal health information. I believe it can be held that the film crew was bound by HIPAA via contracted status with the physician's practice.

Rather than keeping this is medmal as a question of a HIPAA violation, I believe it is better addressed under the civil law section of the forum.
 

feelingviolated

Junior Member
I don't know if the film crew was covered by HIPAA or not. The physician's practice is a covered entity and the film crew was contracted by the physician's practice; contracted services have been interpretted as being bound to comply with HIPAA.

HIPAA protects from the improper release of person-identifying information and personal health information that may accompany the personal identity information. Body parts do not identify a person's identity. Filming and then showing someone's face/head would identify the person and stating this photo was taken of a patient at Doctor X's would reveal protected, personal health information. I believe it can be held that the film crew was bound by HIPAA via contracted status with the physician's practice.

Rather than keeping this is medmal as a question of a HIPAA violation, I believe it is better addressed under the civil law section of the forum.

Thanks to you all. I did post it in the civil section but somebody responded with a 'double post' warning. I just wasn't sure where this best belonged. I'll try copying this thread over there and see if anyone else has anything to add. It just seems so wrong. I left there shaking. And nobody had apologized. I should've got up and left but I was so shocked and in such disbelief that option didn't occur to me.
 

ecmst12

Senior Member
OP is claiming that HIPAA was violated just by doc allowing the photographer in the room, and she's probably right. Since no footage has been used or released at all, then no FURTHER violations have taken place at this time.
 

quincy

Senior Member
Michigan has an invasion of privacy tort that covers what occurred in feelingviolated's situation. I explained the tort in the Civil Rights section of the forum, where feelingviolated also posted. :)
 

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