Baby Pictures Banned by Patient Privacy Laws

It is not uncommon to see snapshots of newborns adorning the walls of an obstetrician’s office. However, more and more doctors are removing baby photos from their walls in order to comply with one interpretation of the federal patient privacy law known as Health Insurance Portability and Accountability Act (“HIPPA”)which does not distinguish between “a patient’s photograph and a medical chart.” Pursuant to this interpretation, a doctor must first obtain “specific authorization from the patient or personal representative” before hanging a photo in a public area. Even though it could be implied that a parent has given authorization by sending a photo, the law does not provide a “concept of implied authorization for this type of use.”

Read more here.

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