Q&A: You've got questions! We've got answers!
Physician Practice Insider, September 18, 2017
Q. Can facilities require a patient to take a photo for the patient’s medical record? Can a photo of a patient be stored in the EMR? If so, would the photo be considered PHI? Are there any restrictions on how the photo could be used?
A. You can’t require a patient to have a photo taken. You can require a patient to present ID that validates the patient’s identity. You can’t require the patient to permit you to scan and store the patient’s driver’s license.
Photos can be stored in the EMR. Photos are PHI, especially given the fact that they will likely be stored in the EMR with other PHI. Just like any disclosure of PHI, there are restrictions on how photos can be used. You need to take into account the minimum necessary standard. If the patient’s photo is stored to help identify the patient when he or she is checking in, that’s all it should be used for. As far as disclosures, you can’t publicly display photos without patient authorization. It’s similar to children’s pictures that are posted at pediatric practices. You need authorization from the patient or the patient’s personal representative—often the parents when it comes to photos of minors.
Editor’s note: This question was answered by Chris Apgar. Apgar is president of Apgar & Associates, LLC, in Portland, Oregon. He is also a Briefings on HIPAA editorial advisory board member. This information does not constitute legal advice. Consult legal counsel for answers to specific privacy and security questions. Email your questions to Editor Karen Long Rayburn at klong@decisionhealth.com.
Related Products
-
Physician Practice Perspective
Physician Practice Perspective subscribers can find the archive of issues on the Part B News website. Find more information...
-
Medical Environment Update
A subscription to Medical Environment Update pays for itself by saving you time sorting through complex regulations and...
-
HealthLeaders Media Physician Leaders
HealthLeaders Media Physician Leaders offers commentaries that focus on the hottest issues for doctors as well as concise...
-
Medical Environment Update - Electronic and Print, 1 year
A subscription to Medical Environment Update pays for itself by saving you time sorting through complex regulations and...
-
Medical Environment Update - Electronic, 1 year
A subscription to Medical Environment Update pays for itself by saving you time sorting through complex regulations and...
Most Popular
- Articles
-
- Don't forget the three checks in medication administration
- Note similarities and differences between HCPCS, CPT® codes
- Q&A: Primary, principal, and secondary diagnoses
- Practice the six rights of medication administration
- What does case-mix index mean to you?
- Complications from immobility by body system
- Nursing responsibilities for managing pain
- OB services: Coding inside and outside of the package
- Prevent dehydration with nursing interventions
- Coding Clinic reiterates guidelines for provider documentation
- E-mailed
-
- Capturing start and stop times for infusions
- Q/A: Billing telemetry daily monitoring
- Q&A: Sepsis as a primary diagnosis
- Learn how to read an OP report
- Inpatient-only procedures: Accuracy helps avoid denials, ensure compliance
- Don't forget the three checks in medication administration
- Coding, billing, and documentation tips for teaching physicians, interns, residents, and students
- Coding Clinic reiterates guidelines for provider documentation
- Clinical Corner: Revisiting respiratory failure
- Clear up confusion surrounding observation services
- Searched
