HIPAA Violation or Not?

[trythinkingnow]

The videographer cannot violate HIPAA since the law does not apply to anyone but treatment providers and private medical information holders. Being barred from entering the ER by the police protects the health workers inside from a HIPAA violation and is reasonable under HIPAA. Many health workers misunderstand HIPAA regarding who is covered and what constitutes a violation.

[voneal627]

Videographers and police, not being at all connected to the treatment of these patients, are not HIPAA covered entities. Therefore they are not required to adhere to HIPAA rules. If the ambulance company electronically bills patients' insurance companies, then they are covered entities and would be required to comply. So the question is whether the EMTs should do something to prevent this from being filmed.

[trythinkingnow]

@voneal627 Whether they "electronically bill" or not, ambulance companies and their employees are covered entities under HIPAA. The EMTs are required to take "reasonable" steps to protect private medical information. It is NOT reasonable to expect them to physically prevent third party individuals from filming in public where the patient has no expectation of privacy.

[SSILENTNATION]

Well perhaps Sam and Ian would have better luck filming ambulances from across the street, versus getting all up in peoples faces with their usual "what are you trying to hide?" "Did you swear to uphold the constitution?" mantra. Then again - those two guys wouldn't know what to do with themselves if people didn't react - they absolutely love it - and rely on it.

[LCLREPORT]

great video, I am shareing this one, Kudos!

[CNCAddict]

Again, love the music...makes the videos so much better.