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Deborah
-
I believe you have the
correct idea and approach. We've all got to use the "reasonable measure"
while working within the letter and the spirit of the
regulations.
Rebecca
Cowling
----- Original Message -----
Sent: Friday, April 04, 2003 9:25
AM
Subject: RE: developing pictures
I've
got to disagree with you on this one Kris. A person is allowed to give out any
of their PHI. And they do so by giving the picture to the doctor. But under
HIPAA, the doctor can not turn around and re-release it. The same as the
patient is allowed to tell the doctor anything about their past medical
condition, including STDs, cancer, HIV, but they don't expect the doctor can
re-release that info to anybody else. (Only according to the regs.) I think
HIPAA was written so that covered entities don't get to guess what is
allowable.
Deborah
This is just my humble opinion, but if a person of some fame such as
an athlete, astronaut or politician gives a doctor an 8 X 10 glossy
autographed photo, they are not expecting the doctor to put that away in a
drawer for only the doctors review and enjoy. The reason they have
these stacks of photos is they anticipate the recipient may indeed hang
it up in a public place. So just as I am allowed to give out my own
PHI, I would put this in the same category. They are making their
relationship with the doctor public. I believe that if the person was
concerned about keeping their identity and relationship with the provider
private they would not give them an autographed photo. I don't believe
this is what the original framers of this law were trying to
protect.
Kris Owens
923-8108
"There are moments when everything goes well,
but don't be frightened."
Jules Renard
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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