A caregiver at moms MCF recently told another Family member, she couldn't take any photos (she was trying to take a photo of herself to send to her daughter) due to HIPAA. I take pictures daily of my mom in MCF, has anyone ever heard of this? Please give me your thoughts or experiences with this type of situation. Thanks in advance!
"Under HIPAA, a breach or violation is an impermissible use or disclosure under the Privacy Rule that compromises the security or privacy of the protected health information (PHI). Common examples of social media HIPAA violations include: ... Sharing of photographs, or any form of PHI without written consent from a patient.Feb 11, 2018"
From what I read, it depends the area where the pictures are taken. Also, that you can't take pictures without a residents permission. I found nothing saying you can't take a picture of a LO. What I would do is take no pictures in a common area. If you take them, do it in the privacy of the residents room. I can't see how they could say anything about this since the resident pays for their room. Just make sure a roommate is not there.
I do agree though, that you can't take a picture of people without asking first. But pictures of you with a LO should be OK.
The authorization clauses are typically broad, which is the primary reason I won't sign them.
There's a lot of concern from people who don't feel that everything can or should be photographed and spread online w/o the subject's permission. I'm one of those people. The privacy issues are paramount, as are the intellectual property rights, something the quick snappers don't seem to consider or understand.