CALEMT
The Other Guy/ Paramaybe?
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I second this.
PHOTOS TO SELL
- Thread starter Rescuelou123
- Start date
I second this.
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Why do you give a rat's *** if a member of the public is taking pictures of you on scene? There's no law against it and HIPAA most definitely does not apply to this situation since that person is not billing health insurance, a healthcare provider, nor directly involved in the care of the patient.
Ewok Jerky
PA-C
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There is a difference between a passerby snapping a photo to throw on FB and a whacko with EMS training (questionable based on other threads) trolling around town to take pics TO SELL to the first bidder. Maybe not a legal difference but a creepo-meter difference. Note the OP says nothing about being a journalist or hired for PR shots.
CALEMT
The Other Guy/ Paramaybe?
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If you have EMS training and take photos to sell or post to social media, isn't that violating HIPAA since you're technically a healthcare provider?
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As an aside, I take lots of pics at work and sometimes they are on calls. I don't do it when there is other stuff to be done, but seeing as I am "social media coordinator," I have the blessing to do so in tactful way. No one has said anything yet and I doubt they will.
DesertMedic66
Forum Troll
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Nope. It only applies to company's who bill electronically. So at my company HIPAA is something we have to watch out for. Our fire departments however do not have to worry about it.
CALEMT
The Other Guy/ Paramaybe?
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Ok that clears it up, thanks. Seeing Ewoks post got me thinking about that.
OP
OP
Rescuelou123
Forum Crew Member
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Hey Tigger who do you send your pictures that you sell.
Ewok Jerky
PA-C
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@Tigger don't answer @Louie Patrizi IS ONLY JOKING
No. It's suck an elf!
teedubbyaw
Forum Deputy Chief
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Midgets need loving, too.
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Lulz. Someone being my crappy iPhone pics that have been instagrammed. That's a nice thought.
squirrel15
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DesertMedic66
Forum Troll
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Unless I am not understanding the information correctly:
Not sure if serious...
Who is Covered by the Privacy Rule
The Privacy Rule, as well as all the Administrative Simplification rules, apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities”)
Health Care Providers. Every health care provider, regardless of size, who electronically transmits health information in connection with certain transactions, is a covered entity. These transactions include claims, benefit eligibility inquiries, referral authorization requests, or other transactions for which HHS has established standards under the HIPAA Transactions Rule.6 Using electronic technology, such as email, does not mean a health care provider is a covered entity; the transmission must be in connection with a standard transaction. The Privacy Rule covers a health care provider whether it electronically transmits these transactions directly or uses a billing service or other third party to do so on its behalf. Health care providers include all “providers of services” (e.g., institutional providers such as hospitals) and “providers of medical or health services” (e.g., non-institutional providers such as physicians, dentists and other practitioners) as defined by Medicare, and any other person or organization that furnishes, bills, or is paid for health care.
http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/
squirrel15
Forum Captain
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This is for all Protected health Info
What Information is Protected
Protected Health Information. The Privacy Rule protects all"individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule calls this information "protected health information (PHI)."12
“Individually identifiable health information” is information, including demographic data, that relates to:
the individual’s past, present or future physical or mental health or condition,the provision of health care to the individual, orthe past, present, or future payment for the provision of health care to the individual,
and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual.13 Individually identifiable health information includes many common identifiers (e.g., name, address, birth date, Social Security Number).
The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g.
http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/
squirrel15
Forum Captain
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Never mind desert... Went back and reread it, I'm arguing another point, apologies. I'll leave my last post for information though, unless mods want to delete it. Side note, I'm not 100% on this one since I haven't read their definition of use and disclosure, but your FD could be consider an affiliated entity, correct?
gotbeerz001
Forum Deputy Chief
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I believe any responder who has access to PHI based on the function of their duties regarding pt care is subject to HIPAA.
I don't have a link to a source, but know I will receive severe discipline through work for HIPAA violations.
UPDATE: Looks like Desert may be correct; my quick Google search is turning up a lot of gray areas for FDs. While not all FDs will be considered covered entities, it sounds like it is determined on a case-by-case basis depending on the depth of service provided.
Either way, seems like an issue where I wouldn't want to defend my actions.
I don't have a link to a source, but know I will receive severe discipline through work for HIPAA violations.
UPDATE: Looks like Desert may be correct; my quick Google search is turning up a lot of gray areas for FDs. While not all FDs will be considered covered entities, it sounds like it is determined on a case-by-case basis depending on the depth of service provided.
Either way, seems like an issue where I wouldn't want to defend my actions.
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PotatoMedic
Has no idea what I'm doing.
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It is not just FD's. It is any agency that does not bill for services. If they don't bill, they don't fall under HIPAA.
Ewok Jerky
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Plus, just because your agency isn't covered by HIPAA doesn't mean they don't have rules about protecting patient privacy and you won't be disciplined for breaking that rule.
Also plus, I think it is just common courtesy to treat patients with decency and respect their privacy.
Also plus, I think it is just common courtesy to treat patients with decency and respect their privacy.
DrParasite
The fire extinguisher is not just for show
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I've sold photos to newspapers. Typically you contact the photo editor, and they will tell you if they are interested, and how much they will pay. I've even taken pictures of scenes and put them on social media. I know quite a few fire buffs in the NYC metro area that will buff calls and take photos of fire scenes in NY and NJ. You don't like it? I don't care.,
Biggest thing is never take photos while your working. And take all your photos from a public place. You are just one public citizen taking a picture from a public area, just like any other photographer.
Just because you are a public safety professional, doesn't mean you can't take photos on the side, despite the fact that some people will try to tell you otherwise. As long as you aren't representing your employer, there isn't anything they can do to you about your off time.
HIPAA doesn't apply to what you do in your off time. In fact, much of the HIPPA violations people think are violations really aren't; they are, however patient confidentiality violations, which can get your in trouble if you violate the rules while working.
HIPAA.... one of healthcare's most fear mongering laws...... and one that usually doesn't apply when someone says "that's a HIPAA violation!!!"
Biggest thing is never take photos while your working. And take all your photos from a public place. You are just one public citizen taking a picture from a public area, just like any other photographer.
Just because you are a public safety professional, doesn't mean you can't take photos on the side, despite the fact that some people will try to tell you otherwise. As long as you aren't representing your employer, there isn't anything they can do to you about your off time.
HIPAA doesn't apply to what you do in your off time. In fact, much of the HIPPA violations people think are violations really aren't; they are, however patient confidentiality violations, which can get your in trouble if you violate the rules while working.
HIPAA.... one of healthcare's most fear mongering laws...... and one that usually doesn't apply when someone says "that's a HIPAA violation!!!"