Video Surveillance at a Medical Office and HIPAA

**Sepen** · 07-03-2012, 05:42 AM

My question involves public health law in the State of: NY

I have Googled this and really can't come up with an answer, hence my question.

I know of a Doctor who installed in sight and hidden cameras at his practice to guard against theft. They are in the hallways and waiting room and breakroom as far as I know. But here is the kicker, it is not being used for theft guard, it is being streamed to his house and his wife watches it from home to keep an eye on the nurses. But she is also able to see patients in hallways etc. I am sure that he himself researched this but my feelings are how can someone possibly view this from home who is not associated with the practice other than being the Doctors wife. Are any laws being violated or is this just a big old gray area? I am not wanting to make any trouble but I am bewildered.

**flyingron** · 07-03-2012, 07:39 AM

HIPAA by and large covers "records". However, if the wife is an employee of the practice and the appropriate safeguards are in place, I see no reason why she can't monitor the practice. You think that hospital security aren't watching the hallways, etc.... If she's not a member of the practice and conforming to the established HIPAA-mandated practices, it can be a problem.

Why don't you feel the Doctor's wife couldn't be part of the practice?

jk · 07-03-2012, 08:43 AM

A perfect example of this is what happened near me. There was a picture taken for the newspaper of an ambo crew and inadvertently the patient they were carrying was identifiable in the pic. There was a complaint filed and it was determined it was a HIPAA violation.

If the wife is legally associated with the practice, I would not think it a problem. If she has no legal connection, I would think it is a problem. To determine the answer, you will have to determine if the wife is legally associated with the practice in a manner that would allow her access to patients' records.

If there is audio on the system, there is a problem. It has nothing to do with HIPAA but the eavesdropping laws.