HIPAA Compliant Medical Photography
This specific type of photography is used for documentation purposes in many avenues of the healthcare industry. Medical photographers can take on many forms like a full-time staff person that is specifically trained to document medical procedures or just an additional resource that all medical personnel can utilize.
Here are two of the main ways that medical photography is utilized:
- For documentation of areas of concern like lesions, acne, etc
- To keep track of before & after pictures of treatment for detailed patient info
What type of pictures are considered Protected Health Information (PHI)?
Any photo with identifying information such as:
- Patients face, name or initials
- Date of birth or date of service
- Birthmarks, moles or tattoos
If patient photos that are solely used for healthcare operations like training or teaching they do not need express consent but photos for external use like conferences, seminars do need explicit patient consent/release. For any use, only photos where all the potential identifiers have been entirely removed are considered to be safe from exposing PHI.
What kind of Photo would be a HIPAA Violations?
Common forms of HIPAA photo violations:
- Disclosing photos without proper encryption and protection
- Sharing unauthorized photos of patients on social media
- Using photos in marketing campaigns without consent
- Taking patient photos out of the practice on devices
Since most of the HIPAA violations that occur relating to photography are due to human error, it is important for organizations to set clear policies and training for their employees. Staff should be trained on the organization’s policy regarding photography and potential consequences, both personal and organizational, of violating it. In order to prevent employees from making a costly mistake, companies should dictate all of the proper ways to handle photo PHI on social media and otherwise.
Areas to prevent HIPAA photo violations
- Prevent photos from staying on devices indefinitely
- Wipe devices of photos before it leaves the office each time
- If using a DSLR, upload pictures to a computer regularly & then wipe SD card
- Encrypt all photos and information that is stored
- Utilize HIPAA compliant services, like RxPhoto, that help store photos in a proper way
- Only take photos on a facility-owned or approved equipment
- Ensure that photos are never taken on employee’s personal phones
- Do not email or text any protected health information without proper encryption software, make sure to use HIPAA compliant email provider
- Ensure that patients have given consent for their photos to be shared, with the knowledge of what is being shared & with whom it is being shared
- Comply with the minimum necessary standard in sharing PHI
- Do not speak on social media in any way that can confirm or recognize a person as a patient of that practice
- This can be as simple as saying “Glad you enjoyed your visit.” or comment on a treatment “We’re glad you’re happy with your treatment.”
- Keep specific recommendations for treatment that can be taken as medical advice off of social media
- Be careful to keep photos of patients off of social media in any form that has not been explicitly consented to by that patient
Educate your staff
- To account for human error, clearly train all employees on utilizing photography but maintaining HIPAA compliance
- Must have clear consent for any patient identifiable information or their likeness to be used in any form of marketing - whether for a product or a service.
- If any photo is used without consent, verify that all identifiable information has been removed from the picture
- Simply blurring the face of an individual is not a guarantee that all PHI has been protected
When it comes to guaranteeing that your practice or organization is properly protecting photos that contain PHI, it may seem complex or confusing. That is why Accountable works to simplify all the steps that are necessary for ensuring that you are HIPAA compliant. If you are wondering where your organization stands in terms of the level of risk for noncompliance, take our short, free risk assessment test to see where you might need to adjust your HIPAA compliance.