Hospitals settle with HHS for $1M HIPAA violations for documentary filming

Boston Medical Center, Brigham and Women’s Hospital and Massachusetts General Hospital have settled with HHS for compromising patient privacy by allowing crews to film an ABC television network documentary series without receiving authorization from patients. The three hospitals collectively paid $999,000 to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, HHS announced.

“Patients in hospitals expect to encounter doctors and nurses when getting treatment, not film crews recording them at their most private and vulnerable moments,” Roger Severino, director of HHS’s Office for Civil Rights, said in a statement. “Hospitals must get authorization from patients before allowing strangers to have access to patients and their medical information.”

OCR previously settled another HIPPA violation case involving an ABC medical documentary series with New York-Presbyterian Hospital in association with filming “NY Med” in April 2016.

BMC paid OCR $100,000, BWH paid $384,000 and MGH paid $515,000 for their parts in potentially violating the privacy rules. Each hospital will also undergo workforce training as part of a corrective action plan.

The resolution agreements of all three hospitals did not concede that they were in violation of HIPAA and not liable for civil money penalties.

Healthcare providers are not allowed to invite or allow media into facilities where patients’ personal health information can be accessible unless prior written authorization is provided by patients, according to HHS.

Amy Baxter

Amy joined TriMed Media as a Senior Writer for HealthExec after covering home care for three years. When not writing about all things healthcare, she fulfills her lifelong dream of becoming a pirate by sailing in regattas and enjoying rum. Fun fact: she sailed 333 miles across Lake Michigan in the Chicago Yacht Club "Race to Mackinac."

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