Health Information Management

HIPAA Q&A: You’ve got questions. We’ve got answers!

HIM-HIPAA Insider, November 3, 2014

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Submit your HIPAA questions to Editor Jaclyn Fitzgerald at and we will work with our experts to provide you with the information you need.

Q: What must an organization consider in terms of HIPAA if it were to film a commercial on-site? Does the hospital need to sign a confidentiality agreement or business associate agreement (BAA) with the film crew? Should the privacy, security, and/or compliance officers be notified? Would the crew be permitted to film in the ED without consent from those present if the curtains were drawn and doors were closed?
A: You should have the film crew sign confidentiality agreements since they may see or overhear patient information while they are on-site. If the commercial is being produced for the healthcare organization, the company creating the commercial would be considered a business associate (BA) and should sign a BAA.
Discuss this with your HIPAA privacy, security, and compliance officers to ensure the filming complies with your organization's policies.
Editor’s note: Mary D. Brandt, MBA, RHIA, CHE, CHPS, vice president of health information at Baylor Scott & White Health in Temple, Texas, answered this question for HCPro's Briefings on HIPAA newsletter.



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