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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114053
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My elderly Mother is in a nursing home that IMHO is not providing

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My elderly Mother is in a nursing home that IMHO is not providing appropriate care. I wanted to take pictures/video of my Mother's condition and the nursing home claims I cannot because of HIPAA law. I am the family member on record to make all decisions for her. I thought HIPAA was about protecting patients--not the hostipal abuse. What can I do to prove the neglect happening to my Mother?
Thank you for your question. I look forward to working with you to provide you information you are seeking.

With your mother's consent you can take pictures of her that do not include any other patients or the nursing staff in the pictures without their written consent. Most of these facilities are staffed by people who are not the brightest bulbs in the box so the facility will have a blanket no pictures policy.

However, even if it is not against HIPAA, the facility can have rules that are more strict than HIPAA and can prohibit all pictures. However, what they cannot prevent is you making a complaint to the Department of Health and Hospitals which governs these centers and also to Adult Protection Services whose duty it is to protect elderly and disabled adults. You should pursue complaints to both of these agencies if you believe there is neglect. You can be sneaky and sneak cell phone pictures of your mother when staff is not looking as well to support your claims.



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