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Why Displaying Baby Photos in Your Office Can Violate HIPAA

Newborn photos can violate HIPAADoes the OB/GYN you work for display pictures of new babies in her office? Some of these doctors are now taking these photos down amid risk of violating HIPAA, according to a recent New York Times article.

Under HIPAA’s provisions, healthcare providers cannot reveal private health information — including photos — without written authorization via a HIPAA-compliant form.

Even though consent to post pictures is implied when a patient either brings them in or mails them, written authorization is still required and is usually not requested from new mothers.

While a spokeswoman for the Office for Civil Rights of the Department of Health and Human Services noted in the article that she is not aware of any offices fined for the issue, there are several precautions your office can take to avoid HIPAA concerns:

Have all patients sign a HIPAA-compliant form when they bring in baby pictures. Though this may prove to be a hassle, it protects your office and your patients’ privacy. This form should also include an expiration date (i.e., the date the photo must be removed) to be HIPAA-compliant.

Remove baby photos from public areas like waiting rooms. Some doctors have begun hanging photos solely in staff-only areas like labs or break rooms to protect patients, while others still display them in their offices or exam rooms. In either case, limiting access to these pictures can be wise.

Cover patient names on birth announcements. While some healthcare providers believe baby photos are relatively anonymous, birth announcements that list the birthday, weight, height and even the parents and other family members’ names reveal far too much private information. If you can, cover the text with other photos or simply cut the photos out and display them alone. Consider asking parents not to send birth announcements as well so you don’t have to worry about fixing them or not posting them at all.

Does your office post baby photos? What suggestions do you have for avoiding HIPAA violations?

About the author

Lindsay Wilcox

Lindsay Wilcox is a communication professional with experience writing for the healthcare and entertainment industries as well as local government. When she's not circling typos, she's enjoying fish tacos and hanging out with her family.

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