Can we post a patient’s picture in our facility or use it for in-house marketing?
HIPAA Weekly Advisor, October 25, 2004
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Because a patient's or covered entity resident's photograph is PHI, and because it will be publicly disclosed for marketing or fundraising, you should first obtain an authorization.
Be sure that residents clearly understand how you will use their photos and that they do not have to agree.
Editor's note: This question was answered by Kate Borten, CISSP, CISM. This is not legal advice. Consult with your facility's legal counsel for legal matters.
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