NY Times: Baby Pictures & Hipaa?

[MrsK]

http://www.nytimes.com/2014/08/10/ny...egal.html?_r=0

So, OB's are taking down their baby picture bullition boards because some say it violates hipaa. Is this necessary or is it taking hipaa too far?

[poky]

I didn't read the whole thing, but from what I read, it sounds to me like a patient education issue. "If you want me to be able to have a baby board, and you want your baby to be on it, send written permission to post the picture publicly along with the picture. I can't post ones I don't have explicit permission to post"

[alotofyarn]

I see their point, and I do agree that it is technically a violation of HIPAA. However, I'm not sure who is going to complain about the picture being posted if they sent the picture in. I don't think it would be unreasonable to ask patients to give consent though, if they do want to play it safe.

[SoonerTexan]

If you send a picture in and complain you are an idiot

[Pollyanna]

If you send a picture in and complain you are an idiot

Have you met most people?

[Ladybug]

I think it's a stretch to call a baby picture a violation of hippa. It shares no medical information.

[SoonerTexan]

Good point Tara

[TulipsAndSunscreen]

Our pedi office had this as part of their recording at the holidays. "We love to receive your holiday cards, however, we must have a written release if you'd like us to post it".

I guess posting the pics show that you had your baby at a certain practice? I don't know, seems silly to me. Although baby announcements are pricey so I wouldn't send one to my OB anyway but I think I'm cheap.

[ladymoreta]

I think it's ridiculous, but I would take them down or give mothers-to-be permission forms to submit with pictures if it were my office, too. Definitely a case of too much bureaucracy, IMO.

[Deebs]

How would you feel about your pic being posted at an Oncologist's office? Urologist? Psychiatrist? The law wasn't written to be specialty specific, so while it seems okay for babies and kids to be posted, it does violate HIPAA.

[Pollyanna]

How would you feel about your pic being posted at an Oncologist's office? Urologist? Psychiatrist? The law wasn't written to be specialty specific, so while it seems okay for babies and kids to be posted, it does violate HIPAA.

Sure, but it is typically the parent themselves sending the pic in.

To answer your question, wouldn't bother me, but I'm not terribly concerned about privacy.

[scrub-jay]

Sure, but it is typically the parent themselves sending the pick in.

To answer your question, wouldn't bother me, but I'm not terribly concerned about privacy.

Generally as long as the parent (or legal guardian) sends in a HIPAA waiver as well, all is legal. But to protect themselves the office should have that on file, not just an implied permission because a parent sent it in. I doubt most parents would care, but some might.

[Ladybug]

My impression was also that it was the parent sending in the pictures. Seems like consent to me.

I remember the dental picture walls with everyone's new smiles after getting their braces off.

[diggitydot]

Even acknowledging that someone is a patient could be a HIPAA violation, even if no medical information is shared. I can see people sending their doc a pic of their kid and a thank-you note and not thinking it would be plastered on a wall somewhere if they weren't explicitly told it would be.

[Sheherezade]

I see how a case could be made against them. Still, it seems like a sad world we've built. Honestly, the fact that we need laws to tell us what's proper behavior on something as simple as this makes me depressed. Back in the day, people could make a correct judgement most of the time on when it was appropriate to post a picture of a patient and when it wasn't. I don't think picture walls like this were the reason for HIPAA laws.

Honestly, didn't HIPAA mostly come out of the AIDS crisis in the 80s and people getting denied insurance and fired for being sick and/or gay?


Angie