Is Firehouse.com violating HIPPA laws?

[JohnnyOV 2]

This morning, as usual, I logged into www.firehouse.com and the first thing I noticed was a picture of a car accident victim, close up of his face, dead center in the middle of the page. There is no mention of his name, so I was wondering if posting pictures of victims faces, although morally and ethically wrong, is allowed by law?

here is a link to the article:

http://cms.firehouse.com/web/online/Photo-...A/45$56761

and to the main website where I noticed the picture:

http://firehouse.com/

[Guest alsfirefighter]

OK. I want to again point out that HiPAA is primarily a law that involves the coverage of electronic transmission of personal information. It was basically designed and written for the insurance industry and medicare/medicaid). Having a picture of a patient on a website is no different then being in a newspaper and certainly has nothing to do with HiPAA practices. It also if no personal information was given involve patient confidentiality which all emergency agencies should comply with (note I didn't say HiPAA). As far as laws...if you are standing in a public street or on a public way then you have the right to take a picture.

[ajsbear 11]

My wife being a shrink I just read her HIPPA statement she has her patients sign and asked her and it's all about transmitting and releasing personal information. Sort of like the confidentiality statements you get from your bank. Having a picture in the paper is not a violation so long as no personal info is released.

[SageVigiles 1,194]

Even if it were a HiPPA violation, it wouldn't be Firehouse's liability, it would be the provider that took the pictures and posted them. Firehouse didn't violate anything because they didn't take the pictures firsthand.

[Guest]

Even if it were a HiPPA violation, it wouldn't be Firehouse's liability, it would be the provider that took the pictures and posted them. Firehouse didn't violate anything because they didn't take the pictures firsthand.

i disagree, i would think firehouse.com would be responsible for all of the content on its site. just like emtbravo, seth and some people as "moderators" to make sure things try to stay as clean as possible.

maybe seth could set this one straight...

[Goose 188]

Health Insurance Portability and Accountability Act

Unless they are dishing out medicare, medicade and policy numbers HiPAA (note there is only 1 p!!!!!) is not an issue.

[tbendick 27]

In order for it to be a HIPPA violation they would have to be a medical provider who used some form of electronic submission system

They don't provide any form of medical care, so they don't fall under HIPPA in way.

Now as far as media related issues thats another thing. They have to follow the same rules that any news paper of tv stations does.

[Grumpy 1]

My wife being a shrink I just read her HIPPA statement she has her patients sing and asked her and it's all about transmitting and releasing personal information. Sort of like the confidentiality statements you get from your bank. Having a picture in the paper is not a violation so long as no personal info is released.

So her patients sing the HIPPA statement. Highly unusual therapy!

[Truck4 48]

Liability falls on the publisher, not the photographer. The photographer 'sells' the image to the buyer, hopefully with a contract, and it's up to the publisher to decide the format and usage of the image. It's also up to the publisher to secure model releases for commercial use images. If the publisher chooses, they can request model releases from the photographer. Showing victims faces in images created in a 'public venue' are completely discretionary.

[ajsbear 11]

So her patients sing the HIPPA statement. Highly unusual therapy!

No, she has to get the HIPPA statements signed by every patient as per the laws.

[Goose 188]

Please, everyone, its

HIPAA

not HIPPA. There is no way we can sit here and have an honest discussion if people can't even get the name of the legislation correct!

Edited October 18, 2007 by Goose

[helicopper 1,050]

HIPAA and photographs are like apples and oranges.

People have no expectation of privacy in a public place and the only issues are whether or not a subjects likeness is being used for commercial purposes. As I understand it, if I take a picture of a person on the street and use it for non-commercial purposes (not for $$$) there is no issue and no model release is required.

And Firehouse magazine is not bound by any HIPAA regulations because they're not involved in the maintenance and transfer of healthcare/insurance records anyway.

[OnTheWheel 43]

While we're on the "getting sued" subject, I noticed a lot of people on here are "scared"! Just do your job the right way and use common sense, you may still get sued but will have no problem beating the case. If you allow the fear of getting sued to run your career you may not do something you should have done and cost someone their life or property! Act in good faith and help people like we're supposed to! Best way to steer clear of HIPPA, HIPAA, HIPPO and everyother derivative is to watch the pictures you take (even if they dont violate a law you should respect peoples "privacy" even if its in a public place, you wouldnt want your wife or mother all beat up pasted all over the internet or papers) and dont mention names when you talk about calls! Like I said, they may not violate anything but it does, in my book, violate a moral standard we all have to keep people's business private. We sometimes get info or camera angles that private citizens dont get and we cant take advantage of it, even if theyre "cool" pictures. Be professional and do your job the right way! And for God's sake, be careful out there!

Edited October 18, 2007 by OnTheWheel