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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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would it be a violation if a healthcare worker took a picture

Resolved Question:

would it be a violation if a healthcare worker took a picture of an injury and the patient was not identifiable and the patient did not consent?
Submitted: 5 years ago.
Category: Legal
Expert:  Joseph replied 5 years ago.

I assume you are referring to a violation of HIPAA. If so, I would suggest that no, this action would not be a violation of this federal legislation. For HIPAA to apply, the disclosed information must constitute a medical record or some other form of health care data that relates to the evaluation or treatment of the individual. Here, we are talking about a photograph, something that would not typically constitute a medical record or data relating to evaluation or treatment.

 

Please let me know if anything requires clarification.

 

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