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September 20, 2018 – OCR appear Sept. 20 that it has fined three Boston-area hospitals aing to $1 actor for HIPAA violations involving the filming of ABC’s TV alternation “Save My Life: Boston Trauma.”*

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OCR accomplished HIPAA settlements with Boston Medical Center (BMC), Brigham and Women’s Hospital (BWH), and Massachusetts General Hospital (MGH) for compromising patients’ PHI back they arrive the “Boston Trauma” blur crews on bounds afterwards aboriginal accepting allotment from patients.

“Patients in hospitals apprehend to appointment doctors and nurses back accepting treatment, not blur crews recording them at their best clandestine and attainable moments,” said OCR Director Roger Severino. “Hospitals charge get allotment from patients afore acceptance strangers to accept admission to patients and their medical information.”

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Of the absolute fines, BMC paid $100,000, BWH paid $384,000, and MGH ponied up a ample $515,000. Anniversary hospital has agreed to provide workforce training as allotment of a antidotal activity plan that will accommodate OCR’s advice on disclosures to blur and media.

According to the OCR guidance: “Health affliction providers cannot allure or acquiesce media personnel, including blur crews, into assay or added areas of their accessories breadth patients’ PHI will be attainable in written, electronic, oral, or added beheld or audio form, or contrarily accomplish PHI attainable to the media, afterwards above-mentioned accounting allotment from anniversary alone who is or will be in the breadth or whose PHI contrarily will be attainable to the media. Only in actual bound affairs … does the HIPAA Aloofness Rule admittance bloom affliction providers to acknowledge adequate bloom advice to associates of the media afterwards a above-mentioned allotment active by the individual.”

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Surprisingly, these are not the aboriginal HIPAA fines resulting from the filming of a TV alternation in a hospital. In 2016, New York Presbyterian Hospital (NYP) agreed to pay $2.2 actor to OCR for HIPAA violations in filming “NY Med.”

The New York hospital faced an OCR delving afterwards it accustomed blur crews and staff to abduction two patients on awning afterwards accepting the necessary authorization.

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In accession to the adjustment fines, NYP agreed to a absolute antidotal activity plan. As allotment of the plan, OCR monitored the hospital for two years to ensure that it complied with HIPAA rules.

“In particular, OCR begin that NYP accustomed the ABC aggregation to blur addition who was dying and addition being in cogent distress, alike afterwards a medical able apprenticed the aggregation to stop,” OCR said at the time. 

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By acceptance the media aggregation to blur the patients, NYP allegedly appear PHI, including images of patients, OCR acicular out.

“This case sends an important bulletin that OCR will not admittance covered entities to accommodation their patients’ aloofness by acceptance account or television crews to blur the patients afterwards their authorization,” said again OCR Director Jocelyn Samuels.  “We booty actively all complaints filed by individuals, and will seek the all-important remedies to ensure that patients’ aloofness is absolutely protected.”

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The OCR assay additionally appear that NYP allegedly did not aegis accommodating advice per HIPAA obligations. While filming, the ABC media aggregation could accept accessed best of the healthcare facility, including areas breadth PHI was stored.

That was not the aboriginal time that NYP ran afield of HIPAA. Back in 2010, the hospital and Columbia University paid $4.8 actor in HIPAA adjustment fines afterwards an declared healthcare abstracts breach.

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An OCR assay begin a abstracts arrangement that was aggregate by both accessories aback accustomed ePHI to be attainable on web-based chase engines.

The hospital paid $3.3 actor out of the absolute settlement. OCR additionally developed a antidotal activity plan for the hospital, which included developing a accident analysis, implementing a accident administration plan, reviewing policies, educating staff, and accouterment advance reports.

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*An beforehand adaptation of this adventure had the amiss name for the TV show. It was alleged “Save My Life: Boston Trauma,” not “Boston Med.” OCR issued a alteration to its columnist release. “Boston Med,” additionally an ABC television series, was not complex in the investigation.

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