HIPAA Violation or not?

[GoldcrossEMTbasic]

I knew someone who volunteered for a local hospital. And he had his Iphone with him that particular day. A trauma code was paged overhead and he grabs his Iphone and runs up to the window where the lifeflight helipad is located. He rolls video and gets it coming in for a landing and the page is still overhead with the video running. The patient's name or face was not visible on the video. To make a long story short. He has computer access to the hospital's internet EPIC hyperspace or what not. He decides that this would make a great youtube video and he decides to log into the hospital's internet and upload the video on youtube. A few weeks later he was called to the volunteer office and. IS security and information security and head of volunteer services was in attendance. They stated that why we called this meeting is because a video was uploaded on youtube involving a trauma code in our hospital. They state that he had 48 hours to remove the video, if not the FBI would be notified:unsure: He did infact remove the content from the site. And then his volunteer privileges were terminated from the hospital. He is seeking a career in the medical field if he applies for a job at that hospital, would HR know and other non-affiliated hospitals know about that action? I know that HIPAA is a serious thing you have to watch your back:glare: If someone knows please reply. I'm curious.

 

[PotatoMedic]

First contact a lawyer.

Second. Did the page over the PA say any identifying information? My initial reaction is probably not. But if you really want to find out. Contact a lawyer.

 

[GoldcrossEMTbasic]

I would have done the same thing you have suggested. These small town hospitals have nothing better to do, but turn people in for little things like that. This hospital is a Catholic run hospital, you have to belong to a special clique to work there. I would state the name of the hospital, but I want a job as an EMT.

 

[Handsome Robb]

We have a policy that calls for immediate termination of employment for videotaping or photographing scenes or patients even if there's no identifying information. I'd bet the hospital has a similar policy.

As a healthcare professional he should have more respect for that patient. How many nurses or doctors or RTs do you see busting out there phones "because this is gonna get hella hits on youtube yo!"



Lawyer up? Really? Even if you're not being paid you're on their time and using THEIR system to upload a video that they didn't like. They have every right to say what you can and cannot do with their internet. Because a the end of the day they're not going to go after the guy that filmed it if the family sues, they're going to go after the hospital because that's where the money is, they allowed it to happen using their internet/IP address and were aware of it and didn't act on it. They're protecting themselves from a potential lawsuit.

Yes, HR would know about it because you have to disclose previous employers, including volunteer work and at the end of every application above the signature there's usually verbiage saying that you're providing true and accurate information and false information will be grounds for throwing your app in the trash, to put it in layman's terms. So if he doesn't disclose that employer because he was terminated, even as a volunteer, they're going to ask about the gap in his employment and what he was doing. So then it comes out that he was a volly that got fired and didn't disclose it. That's an integrity issue. When it comes to HR calling and talking to previous employers all they ask is "would you rehire this person?" All your previous employer can say is yes or no.

I have a strong suspicion that this wasn't someone you know...

Having networked and knowing someone is not "being in a special clique". Any industry you go into the erson that knows someone will get further than the person who does not, all other things equal.

Good luck friend.

 

[Carlos Danger]

No patient identifying info, no HIPPA violation. Simple as that.

He certainly could have been in violation of some hospital policy, though.

 

[Handsome Robb]

No patient identifying info, no HIPPA violation. Simple as that.

He certainly could have been in violation of some hospital policy, though.

You did that just because you know how irritated it makes me didn't you :glare: :lol:

 

[PotatoMedic]

Lawyer up? Really?

I was only saying that since we don't provide legal advise.

 

[Handsome Robb]

I was only saying that since we don't provide legal advise.

Gotcha, sorry for the misunderstanding.

 

[Handsome Robb]

I would have done the same thing you have suggested. These small town hospitals have nothing better to do, but turn people in for little things like that. This hospital is a Catholic run hospital, you have to belong to a special clique to work there. I would state the name of the hospital, but I want a job as an EMT.

No, they're protecting their facility from actions by someone who very obviously violated a company policy. We want respect as a profession we should start acting like professionals.

Have I filmed helicopters taking off? Absolutely. I would never even consider filming a crew with a patient.

 

[Akulahawk]

No patient identifying info, no HIPPA violation. Simple as that.

He certainly could have been in violation of some hospital policy, though.

Would there have been a HIPAA violation if he was just some member of the public that happened to be there doing the same thing? No. Unless there was some patient identifying information, no HIPAA violation occurs.

Chances are very good that he violated hospital policy because the recording occurred while "working" as a volunteer, posting it on YouTube, and possibly doing some research on that patient through the Hospital's EHR system... that's potentially a violation there.

Off hand, I'd say that some very poor decision-making was done. Chances are very good that several hospital policies were broken and now the volunteer has earned the termination from the volunteer service for it. Incidentally, that volunteer's termination reason is probably now widely known and reinforced throughout the Hospital... DON'T VIDEOTAPE ANY PATIENT FOR ANY REASON WITHOUT OFFICIAL APPROVAL... or you'll have the same fate as that volunteer did.

As far as future employment at that Hospital: Those chances are likely gone...

 

[Mainspring]

As a healthcare professional he should have more respect for that patient. How many nurses or doctors or RTs do you see busting out there phones "because this is gonna get hella hits on youtube yo!"

actually there was a doctor that took a pic with a trama PT with a "thumbs up" (by the doctor) in the pic and updated his facebook...

not sure how that turned out but...

anyway, have more respect for your PTs and keep your camera phone in your pocket!

 

[Handsome Robb]

actually there was a doctor that took a pic with a trama PT with a "thumbs up" (by the doctor) in the pic and updated his facebook...



not sure how that turned out but...



anyway, have more respect for your PTs and keep your camera phone in your pocket!

Ok. That's one. This is a common occurrence in EMS.

 

[ZombieEMT]

As long as your are not identifying any patient information, no HIPAA violation here. Just because it is not a HIPAA violation does not mean that what was done is okay. If you work (or volunteer) for the hospital, you should act in the best interest of the patient and the hosptial providing care, not your personal hit count on Youtube. Legally you might not have done anything wrong, but morally it is wrong and could affect your future jobs.

 

[Handsome Robb]

Would there have been a HIPAA violation if he was just some member of the public that happened to be there doing the same thing? No. Unless there was some patient identifying information, no HIPAA violation occurs.

Chances are very good that he violated hospital policy because the recording occurred while "working" as a volunteer, posting it on YouTube, and possibly doing some research on that patient through the Hospital's EHR system... that's potentially a violation there.

Off hand, I'd say that some very poor decision-making was done. Chances are very good that several hospital policies were broken and now the volunteer has earned the termination from the volunteer service for it. Incidentally, that volunteer's termination reason is probably now widely known and reinforced throughout the Hospital... DON'T VIDEOTAPE ANY PATIENT FOR ANY REASON WITHOUT OFFICIAL APPROVAL... or you'll have the same fate as that volunteer did.

As far as future employment at that Hospital: Those chances are likely gone...

HIPAA only applies to agencies that bill health insurance.

Patient privacy is a different matter. However they do go hand in hand, but you know that.

 

[GoldcrossEMTbasic]

I agree, Videotaping is against hospital policy and patient confidentiality.

 

[chaz90]

HIPAA only applies to agencies that bill health insurance.

Eh, counts for any agency that furnishes healthcare services as well even without billing, at least as far as I understand it. Otherwise agree with everything mentioned.

 

[mycrofft]

With care you could video record in a school locker room and not show any naughty bits, but what a jackass thing to do. IF it isn't specifically forbidden, it is a sign of poor judgement and self control,m and as a vollie he is standing on a greased 45 degree incline over the oubliette as it is.

Wait.
"He has computer access to the hospital's internet EPIC hyperspace or what not".
That's just wrong.

 

[Carlos Danger]

You did that just because you know how irritated it makes me didn't you :glare: :lol:

Ha. The funny thing is I actually double checked that I didn't screw it up, and somehow I still did. Maybe it got spell checked.

What gets under my skin is when people refer to the Glidescope as the "glide-A-scope".

Every new place I go there is at least person who calls it that. It's even worse than "son-oh-meter", and that's tough to be worse than.

 

[mycrofft]

How about "LARE-nicks" instead of larynx.
And "irregardless".
I smell a thread coming on.

 

[jrm818]

I think to disagree with basically everyone. All I can tell from the op is that a guy in a basically public space took a video of a helicopter landing. Who cares? Im sure people walkong by the landing strip do it all the time. How many YouTube videos of ambulances driving around are there? Helicopters usually draw a crowd. It doesn't sound like any patient was identified or even filmed.

It may have been against hospital policy...but it sounds like a dumb policy. Who could it hurt? The mention of lawsuits for a video of a cool flying machine border on ludicrous.