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In the News

March 5, 2018

HIPAA Restricts Some Photography, But Not All

Healthcare Risk Management

In an article published in the 2018 March issue of Healthcare Risk Management, Nelson Mullins partner Trish Markus provides guidance regarding how photography can be used in a healthcare setting and when it violates the Health Insurance Portability and Accountability Act (HIPAA). Markus says that any photo that identifies a patient may be subject to HIPAA restrictions, including full-face photos, tattoos, birthmarks, and other identifying features. “Providers should adopt a policy clarifying that any authorized photographs or videos are the sole property of the facility,” Markus says. “The policy also should prohibit distribution of photographs or other images involving patients to any person outside the facility without written authorization from the patient for a permissible use.” However, photographs that are used for treatment, payment, or healthcare operations purposes do not require patients’ written authorization. For the full article, subscribers to may click here.

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