HIPAA Violation?

[kickedaround]

Texas

Hello. My mother is a patient in an assisted living facility. I visit once a week. Gossip has gone around about me and now some of the employees are covertly taking photos of me when I'm in my mom's private room. I've complained to the head nurse and she said that employees taking photos 'can't happen'. Am I protected under HIPAA, even though I'm not the patient? If so, could a case be made for invasion of privacy? BTW, unless someone can investigate (example: the phone or camera cards) I don't have any evidence.

 

[quincy]

Texas

Hello. My mother is a patient in an assisted living facility. I visit once a week. Gossip has gone around about me and now some of the employees are covertly taking photos of me when I'm in my mom's private room. I've complained to the head nurse and she said that employees taking photos 'can't happen'. Am I protected under HIPAA, even though I'm not the patient? If so, could a case be made for invasion of privacy? BTW, unless someone can investigate (example: the phone or camera cards) I don't have any evidence.

Here is a link to the CDC with information on HIPAA (what it covers, what are violations, how to report violations):

https://www.cdc.gov/phlp/publications/topic/hipaa.html

Although as a visitor to the assisted living facility, you would not be covered by HIPAA - and there is no private cause of action for HIPAA violations anyway - both you and your mother have privacy rights.

These rights to privacy can be infringed when photos are taken surreptitiously in areas where there is an expectation of privacy. Other rights can be violated depending on what is done with the photos that are taken (e.g., where or to whom they are published).

What is the reason for the gossip? What is behind the surreptitious photo-taking?

 

[Zigner]

How do you know they're taking pictures?

 

[quincy]

How do you know they're taking pictures?

The photo-taking apparently is not all that covert.

 

[PayrollHRGuy]

If it isn't that covert how does he not have any evidence?

But to the original question that isn't a HIPAA violation.

 

[quincy]

Texas
... BTW, unless someone can investigate (example: the phone or camera cards) I don't have any evidence.

You cannot seize and search some random person’s phone or camera simply because you suspect there might be evidence on them that supports your suspicions.

 

[zddoodah]

Gossip has gone around about me

Gone around among whom? And what are they saying?

now some of the employees are covertly taking photos of me when I'm in my mom's private room.

Is it really private if they're able to take photos? For what reason are they taking the photos (I assume you've asked why they're doing it)?

I've complained to the head nurse and she said that employees taking photos 'can't happen'.

That seems a pretty stupid response if, in fact, it is happening. Did you then complain to the person in charge of the facility?

Am I protected under HIPAA, even though I'm not the patient?

This has nothing to do with HIPAA. HIPAA is concerned primarily with a person's medical records and treatment.

If so, could a case be made for invasion of privacy?

Not likely. As noted above, you're apparently not in a private place. Are you saying that, while you're in your mother's room with the door shut, employees are opening the door for the sole purpose of taking pictures? Are you saying that you believe there are hidden cameras? That seems awfully bizarre, so there must be something to this that you either don't know or aren't sharing with us.

I don't have any evidence.

What is the basis of your belief that the pictures are actually being taken?

 

[quincy]

There can be an expectation of privacy in a private room in an assisted living facility.

Here is a link to an overview of invasion of privacy laws in Texas (see Point 6) with case cites, published by Without My Consent Organization:

https://withoutmyconsent.org/50state/state-guides/texas/common-law/