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Noel,
I agree with the thrust of the earlier thread on this list --
the additional inscription makes it PHI.
I just had a thought, though. Could the autographed
picture itself be a kind of authorization for use? I know it's not on a
document that has the proper words, but could the intent be derived its
content? I don't know -- any ideas out there? I suspect that the
formalists will say "no", but let's pick our collective brains.
The opinions expressed here are my own and not necessarily the opinion of
LCMH.
Douglas M. Webb Computer System Engineer Little Company of Mary
Hospital & Health Care Centers [EMAIL PROTECTED]
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----- Original Message -----
Sent: Friday, April 04, 2003 12:44
AM
Subject: Re: developing pictures
Interesting question.
I'd back up and first reconsider
are the pictures in and of themselves PHI?
If the picture includes
enough of an individual's face then I guess it is
possible that someone
could identify the subject of the picture if they
recognized them by their
face. But just a person's identity by itself is not
PHI. There
has to be something else disclosed that involves the past,
present, or
future, medical condition, treatment, etc. Even if the picture
does
show the patient's face, does the person developing the picture know
they
are developing picutres from a health care provider and that they are
specifically developing pictures of a patient?
The same goes for
the pictures that are developed at the local pharmacy by
the nursing
staff. How does anyone know that the pictures being developed
are of
patients and not the nurse's children or nieces and nephews?
This is
similar to a question I asked this list serv a while ago about
pictures of
patients on the walls of doctor's offices. I have a few clients
who
have treated atheletes or astronauts and they have been given pictures by
these patients to hang on their office walls. Some of the picture
have
nothing other than the patient's signature/autograph. Others
have
inscirptions such as "Dear Doctor Smith, thanks for the excellent
care".
If the picture only has an autograph or signature, I think it is
OK. People
might assume from the picture that the photograph is of a
patient but how do
they know it is not just a friend or in the case of
atheletes, maybe the
doctor is just a fan? If the picture has an
inscription like the one I cited
above, that specifically recognizes the
doctor-patient relationship, then I
think it crosses the line and becomes
a disclosure of PHI. Those pictures
should come down or have the
patient sign an authorization.
Noel Chang
Integral Practice
Solutions
--
Open WebMail Project (http://openwebmail.org)
----------
Original Message -----------
From: "Oriol, Albert" <[EMAIL PROTECTED]>
To:
"WEDI SNIP Privacy Workgroup List" <[EMAIL PROTECTED]>
Sent:
Thu, 3 Apr 2003 19:17:19 -0700
Subject: developing pictures
>
Here's a good one I had not heard to date. We often take photos.
> Most of the ones that are taken for medical reasons require quality
> developing and thus are developed in-house or taken to a top notch
shop
>
> (with whom, I'd think if needed we could have a BA
agreement in
> place) -- Question, what do you all think, assuming the
pictures
> will show identifying information?
>
>
The other situation is that of pictures taken for projects for our
>
kids, or for some newsletter. We're a kid's hospital and for
> instance
we might want to have kids build something with their
> picture to give
mom for mother's day. These types of pictures most
> likely just get
developed at whatever pharmacy happens to be on the
> way of a nurse's
or other professional's way home. How should we
> handle
those? Take all our pictures to the place(s) we have BA's in
>
place and only there?
>
> a.
>
>
>
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