Possibly being recorded

Specialties Geriatric

Published

Hi all! I've been doing per diem in a nursing home, and I have a young patient constantly on a laptop. For some reason I think this patient might be recording me, no proof of that just a feeling. Is this legal? Has anyone come across this situation? Thanks in advance.

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A resident recorded the caregivers in a facility where I worked. She had a tape recorder going in her vanity drawer when she would put on the call light and then harass the CNAs, attempting to get them to act unprofessionally. The employees warned each other about what she was doing. Management never got involved.

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wow. how'd they figure out she was recording?

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Gray area.

If a patient tells you they are recording you, the legality depends on whether you live in a one-party consent or all-party consent state. If the latter and you state that you refuse to be recorded, they may not. If it's a one-party consent state, probably nothing you can do.

If they are secretly recording you, yes, it's probably legal unless you live in California or Florida.

However, if it's a semi-private room and there's another patient who may inadvertently have their PHI recorded by such a recording, the patient probably becomes liable for a HIPAA violation.

If the facility has a risk management team, talk with them.

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This is a good question for management and/or as others have mentioned risk management.

We have discussed this at work. Patients are not allowed to record without informing us and obtaining our consent (and we have the right to refuse to be recorded). There are things we can't avoid though, like patients asking for the full names of their providers and caregivers. The reason given by administration was that because licensure is public information they are allowed access to their providers' names so they could look us up.

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Specializes in ER, Med-surg.
Gray area.

If a patient tells you they are recording you, the legality depends on whether you live in a one-party consent or all-party consent state. If the latter and you state that you refuse to be recorded, they may not. If it's a one-party consent state, probably nothing you can do.

If they are secretly recording you, yes, it's probably legal unless you live in California or Florida.

However, if it's a semi-private room and there's another patient who may inadvertently have their PHI recorded by such a recording, the patient probably becomes liable for a HIPAA violation.

If the facility has a risk management team, talk with them.

Why would a patient be liable for a HIPAA violation? They are not covered by HIPAA.

HIPAA governs how healthcare providers and entities manage health information, not how everyone in the world does.

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Specializes in ER, Med-surg.

Yes, I encountered this with a patient who would have her phone on under the blankets and try to goad staff in to saying something inappropriate. This was just one in an entire galaxy of trying behaviors on her part, and not one that was ever formally addressed. I never said or did anything in her presence that I would have objected to having recorded, but it was still extremely irritating.

You never know who is doing this, legal or not in your jurisdiction, and the court of public opinion can try you with the advent of easy videosharing on social media even where it is illegal.

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Specializes in Urgent Care, Oncology.

If they are secretly recording you, yes, it's probably legal unless you live in California or Florida.

Florida finally getting something right.

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Why would a patient be liable for a HIPAA violation? They are not covered by HIPAA.

HIPAA governs how healthcare providers and entities manage health information, not how everyone in the world does.

Sorry, used the phrase somewhat loosely. Good catch. :)

Clarification: If patient #1 records another patient's PHI and something were to happen to that PHI, patient #1 could probably be held liable.

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Specializes in Float Pool - A Little Bit of Everything.

We had this happen, we found out when the not so smart family member posted online with hashtags and indicators for our hospital. They also made horrid comments about the staff in the video and the facility. The staff members this affected greatly enjoyed watching the CIO and security kick her out of the hospital and tell her not to come back. And she was using a laptop to record staff. Apparently she was recording staff she did not like and posting things online about them.

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