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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Is it a paa violation in this scenario: I provide PT to a

Customer Question

Customer: is it a Hipaa violation in this scenario : I provide PT to a pediatric clinintele and I incluse using the horse's movement ( hippotherapy) in my treatments. My clinic is 5 min from the stable where I lease the hippo therapy team ( horse,horse handler and side helper). The stable is installing video surveillance for the families who come for riding lessons to see the riders get riding lessons provided by the stable in their indoor arena. However my patients are not riding they are receiving a PT treatment... so if I go into the indoor and people in the waiting room see my PT treatment on the horse am I in violation of Hipaa?
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Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

The main issue with things like this would be whether or not the area you're using would be considered a private patient area or not....and whether the patient has an expectation of privacy. The answer to both of these questions is likely "no", but you're much better off to provide a simple disclosure to your patients (or their parent/guardian) notifying them that there is video surveillance at the facility and that he/she or his/her child may be video recorded during treatment and get them to sign off on it.

Expert:  Roger replied 1 year ago.

That way, you've got a written release/consent in hand if anyone every wanted to make an issue of them or their child being videoed. But again, it is not likely that there's much of an expectation of privacy at a non-traditional medical treatment facility like you're dealing with.

Customer: replied 1 year ago.
Thanks but actually my patients do expect privacy of their treatment
Expert:  Roger replied 1 year ago.

As I said above, the main question is whether or not the area you're using would be considered a private patient area or not...I don't know the answer to that, but I assumed a horse arena would have more people around than just you and your patient. IF that's not the case, then there could be an issue.....which is why getting the release is a good idea.

Expert:  Roger replied 1 year ago.

For instance, surveillance cameras in waiting rooms, hallways and other public areas is not violative of HIPAA. But, cameras in a patient room WITHOUT the patient's consent is a violation.......so you'd have to make that call as to where you believe the line is; but again, a release is much simpler than trying to defend a position in the future if a patient complains.