A Note for the Paparazzi

A note fore the shutterbugs: hospitals are "no-go" zones for picture taking.  We were informed by a burly hospital policeman that we are not to take photos in, near, or around the hospital premises for fear of a law suit against us (read them).  Yes, HIPAA extends to laymen now, and to outdoor picture taking.   Should a wayward guest/patient be captured in said photo, they could sue either a) us or b) the hospital.  Funny the hospital should be so worried about pictures when real HIPAA violations abound.  Perhaps a more helpful starting point for protecting patient confidentiality would be to tell the ER nurses to shut it.  Psst, curtains ... not so great for blocking noise.  We hear every word of your off-color jokes and patient put-downs.  As for capturing a person's face as they walk into one of the hospital's main entrances, where's the assumption of privacy there?  Popping pictures in someone's room is one thing, but taking a few pictures outside in a garden space is hardly us jumping out and snapping a quickie of a stranger's face.  Even if we did, hw does that relate to exposing/transmitting medical information?  Furthermore, if a HIPAA violation were to occur from our random photo-taking (outside, in the dark, and with no one around) the violator would be the hospital, not a guest/patient.  Note the following from the AMA (paraphrased):

Criminal Penalties:  Covered entities and specified individuals, as explained below, whom "knowingly" obtain or disclose individually identifiable health information ...includ[e] health plans, health care clearinghouses, health care providers who transmit claims in electronic form, and Medicare prescription drug card sponsors. Individuals such as directors, employees, or officers of the covered entity, where the covered entity is not an individual, may also be directly criminally liable under HIPAA in accordance with principles of "corporate criminal liability." While HIPAA protects the health information of individuals, it does not create a private cause of action for those aggrieved (65 FR 82566).

In other words, not us.  The dude has cancer for Pete's sake.  How about cutting him some slack and letting him enjoy some time outside with his family?  The hospital's on Colfax; I'm sure there's a more interesting bust just lurking around the corner.   Sheesh. -- J