- Jan 15, 2013
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This security guard tries to force the woman to give up her smart phone, then cites HIPPA as though somehow she could go to jail for taking pictures of her son during a procedure in the clinic/hospital area. Apparently he had no legal right to detain her, nor try to force her to give up her smart phone. To me this is just another example of people who go all power tripping and who do not know the law but try to use it like they do. The female doctor and the nurse could have just easily informed the lady that she can't take pictures even if its of her son for the purposes of keeping things private for other patients, the lady had already complied, but they led her to a back room and kept her there even after she stopped. I think its interesting that he threatens her by telling her he will report her to medicaid.
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The Youtube Video of the incident
Facebook postings give more detail about a woman's experience being detained at a Mercy facility, an encounter that has led to a review of enforcement of policies on taking photographs and video in Mercy buildings.
Mandi Wilson, who says her 7-year-old son is losing his hearing, was detained by Mercy and questioned after she took him to an audiologist and tried to take a picture to post on a social media site.
Wilson, who describes herself as single mom who works three different jobs, wrote on her Facebook page that she had taken her son to an audiologist at Mercy to get his hearing tested. Wilson wrote she tried to take a photo "but his audiologist waved her hands in my face and in front of the camera and began freaking out on me."
Wilson was taken to an office where she was questioned by a security guard. The video of the incident, which she later posted on YouTube, records him asking for her phone to verify that the pictures she took had been deleted. The video, which Wilson took secretly, doesn't show faces but includes audio.
Asked about Wilson's experience, a spokeswoman for Mercy explained the system's policy is under review.
"The idea is not to prohibit patients from capturing personal memories," said Mercy spokeswoman Sonya Kullmann. "However, we want to ensure that we protect everyone's right to privacy. That includes other patients, visitors, co-workers and providers who may not want to appear in someone else's photograph, video or recording."
Wilson wrote on Facebook that the audiologist she didn't name her said that Wilson had posted pictures on the Internet of the audiologist's daughter. That appears to refer to some prior encounter between the two, as the son was being treated.
The secretly recorded video shows that when Wilson refused to hand over her phone, the officer told her she would be barred from returning to Mercy property and could be taken to the Greene County Jail if she came back.
"You're being trespassed for violation of HIPAA," the officer said, referring to the federal regulation governing privacy rights for patients. "... I'm informing you now that you're being trespassed. If you come back on the property, you will be detained and taken to the Greene County Jail."
"Because I took a picture of my son?" Wilson asked.
Deven McGraw, a Washington, D.C. attorney who is an expert on privacy issues, said HIPAA doesn't apply to family members of patients although the hospital can establish its own policy about who can take pictures.
"They can't tell her that HIPAA prevents her from taking a picture of her own son," McGraw said.
A recent U.S. Supreme Court decision says police need search warrants to look at cellphones of people they arrest.
HIPAA was signed into law in 1996 by then-President Bill Clinton. Medical employees who violate HIPAA can conceivably face jail time, but there are no penal sanctions in the law.
At CoxHealth, a spokeswoman said the health system asks that any unauthorized photos not be taken.
"Before any photos are taken, it's required the patient and staff consent to being photographed," said Michelle Leroux. "We respect the privacy of our patients by adhering to HIPAA rules. We strictly prohibit cameras, video and cell phones in patient areas without prior approval."
Wilson's video also shows the officer telling Wilson that her photo-taking could be reported to the federal agency that oversees Medicaid.
"This has created several issues on the federal level and this probably will be reported to Medicaid," the officer said.
Wilson wrote on her Facebook page that she was escorted out of the hospital with her son and that the officer wrote down her license plate number.
Link to News Article
----------------------------------------------------------
The Youtube Video of the incident
Facebook postings give more detail about a woman's experience being detained at a Mercy facility, an encounter that has led to a review of enforcement of policies on taking photographs and video in Mercy buildings.
Mandi Wilson, who says her 7-year-old son is losing his hearing, was detained by Mercy and questioned after she took him to an audiologist and tried to take a picture to post on a social media site.
Wilson, who describes herself as single mom who works three different jobs, wrote on her Facebook page that she had taken her son to an audiologist at Mercy to get his hearing tested. Wilson wrote she tried to take a photo "but his audiologist waved her hands in my face and in front of the camera and began freaking out on me."
Wilson was taken to an office where she was questioned by a security guard. The video of the incident, which she later posted on YouTube, records him asking for her phone to verify that the pictures she took had been deleted. The video, which Wilson took secretly, doesn't show faces but includes audio.
Asked about Wilson's experience, a spokeswoman for Mercy explained the system's policy is under review.
"The idea is not to prohibit patients from capturing personal memories," said Mercy spokeswoman Sonya Kullmann. "However, we want to ensure that we protect everyone's right to privacy. That includes other patients, visitors, co-workers and providers who may not want to appear in someone else's photograph, video or recording."
Wilson wrote on Facebook that the audiologist she didn't name her said that Wilson had posted pictures on the Internet of the audiologist's daughter. That appears to refer to some prior encounter between the two, as the son was being treated.
The secretly recorded video shows that when Wilson refused to hand over her phone, the officer told her she would be barred from returning to Mercy property and could be taken to the Greene County Jail if she came back.
"You're being trespassed for violation of HIPAA," the officer said, referring to the federal regulation governing privacy rights for patients. "... I'm informing you now that you're being trespassed. If you come back on the property, you will be detained and taken to the Greene County Jail."
"Because I took a picture of my son?" Wilson asked.
Deven McGraw, a Washington, D.C. attorney who is an expert on privacy issues, said HIPAA doesn't apply to family members of patients although the hospital can establish its own policy about who can take pictures.
"They can't tell her that HIPAA prevents her from taking a picture of her own son," McGraw said.
A recent U.S. Supreme Court decision says police need search warrants to look at cellphones of people they arrest.
HIPAA was signed into law in 1996 by then-President Bill Clinton. Medical employees who violate HIPAA can conceivably face jail time, but there are no penal sanctions in the law.
At CoxHealth, a spokeswoman said the health system asks that any unauthorized photos not be taken.
"Before any photos are taken, it's required the patient and staff consent to being photographed," said Michelle Leroux. "We respect the privacy of our patients by adhering to HIPAA rules. We strictly prohibit cameras, video and cell phones in patient areas without prior approval."
Wilson's video also shows the officer telling Wilson that her photo-taking could be reported to the federal agency that oversees Medicaid.
"This has created several issues on the federal level and this probably will be reported to Medicaid," the officer said.
Wilson wrote on her Facebook page that she was escorted out of the hospital with her son and that the officer wrote down her license plate number.
Link to News Article
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