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Ely, Counselor at Law
Category: Legal
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As far as NJ and the videotaping of an IME allowed?

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As far as NJ and the videotaping of an IME allowed? If so, are there any restrictions..things that can or cannot be done/shown?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me what you mean by IME? This can stand for several things, and I want to make sure that we are on the same page, please.

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.

IME is independent medical evaluation/examination.

Thank you. Apologies for the momentary wait while I am typing out your answer...

This falls under the federal rule of HIPAA, which overshadows both NY and NJ law, although the laws of said two states basically mirror the same.

Any disclosure of patient treatment must be done so with the patient's permission. 45 C.F.R. 164.502. If this is for research purposes, then sometimes this requirement may be waived, but only if the patient cannot be reasonably identified in the record (i.e. face blurred, for example).

Without this, the patient must provide a written authorization for the record before the record is shown to any entity besides the medical office staff.

In addition, the person must sign the waiver because they have an expectation of privacy and must show that they waive it for the recording to occur.

Sample form may be found here.

If there is no publication outside the office, the video may be shared. However, the patient still needs to consent in writing because they have an expectation of privacy and must show that they waive it for the recording to occur.

I hope this helps and clarifies. Good luck.

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Customer: replied 4 years ago.

What I was told by some attorneys, is that since an Independent Medical Evaluation is done by a doctor, who is not the treating physician and is usually hired by opposing counsel in a court case, it does not fall under the same rules as a patient's medical exam with her treating physician, as far as "rights to privacy" are considered, because an IME is considered public. Please let me know if this is wrong and supply any case law, or the likes, to support it. Thanks


Every matter is different. Is this part of a litigation matter? Was the IME court-ordered? Can you tell me more?
Customer: replied 4 years ago.

I have not, nor am I about to, videotape an that point is moot. The only IMEs I am interested in knowing about, and the only ones I am aware of, have to do with litigation. Let me know the regulation regarding an Independent Medical Exam/Evalutaion done in a litigation matter.



Thank you.

If the IME is court-ordered, then this overrides HIPAA and it may be recorded if ordered so by the Court.

Or, the Court may order an IME, but not specifically order a recording (normally does not) but still require a report to be sent back to the court by the performing party.

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