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Unauthorized Filming leads to a $2.2 Million Settlement

Just recently the Department of Health and Human Services, Office for Civil Rights (OCR) announced that it has reached a $2.2 million settlement with New York Presbyterian Hospital (NYP) for the egregious disclosure of two patients' protected health information (PHI) to film crews and staff during the filming of "NY Med," an ABC television series, without first obtaining authorization from the patients.  According to the announcement, OCR found that NYP allowed the ABC crew to film someone who was dying and another person in significant distress, even after a medical professional urged the crew to stop.

The OCR's investigation also found that NYP failed to safeguard protected health information and allowed ABC film crews virtually unfettered access to its health care facility, effectively creating an environment where PHI could not be protected from impermissible disclosure to the ABC film crew and staff.  In addition to the $2.2 million, OCR will monitor NYP for two years as part of this settlement agreement, helping ensure that NYP will remain compliant with its HIPAA obligations while it continues to provide care for patients.

This is an important reminder we all have a responsibility to safeguard patients' privacy and ensure proper authorization is obtained when necessary – such as filming of patients.

If you have any questions please do not hesitate to contact us by phone: 855-427-0427 or by email: [email protected]

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