HIPAA and Doctor Interviews

IjabaFilms

IjabaFilms

Well-known member
Does anyone know if there will be any issues with the HIPAA laws if I interview a doctor about a past patient if the patient gives permission?

One of my Films is on a friend who had Colitis and I'd like to interview her Pediatric Gastroenterologist. Which of course now that she's an adult, she doesn't see this doctor anymore. But he's the doctor she saw the most and could also provide more information about if her Colitis is related to a rare syndrome found in some people with Albinism.

I was just wondering if I would have problems with interviewing him about her.

Thanks
 
Does the doctor have a private practice, or practice out of a large institution, such as a children's hospital, or teaching hospital? If the latter, then that instistution will most likely have an entire Community Relations or Media office and they would be the place to start. Doctor's are interviewed about patient's conditions all the time (at least in the hospital where I work), but you need to work through someone who makes that happen on a regular basis to make sure all i's are dotted and all t's are crossed, for both the patient and the doctor.

At the very least, your friend will need to sign a "release of healthcare information" directive, as well as a release allowing the doctor to talk about her case and for you to film it. And, then, of course, the doctor would also need to sign a release in order for you to film the interview.

But as someone replied to a previous post about releases - don't rely on the advice of a bunch of filmmakers on this board - definitely consult a lawyer on this one. Do not leave anything to chance. HIPPA aint something you want to mess around with.
 
This would be a question for an attorney.

I would speculate that you would have to secure an express, written release from the patient that allows the physician to discuss the particulars of her case with her name attached.

I used to work at medical conferences where case studies would be presented to the larger membership. In these instances they always referred to the patient in very general terms (e.g., "patient", "subject", "woman").

An easier situation might be to interview the patient directly, with her name indicated. Then, have her physician speak in more general terms about a patient with a like situation, prognosis, treatment and outcome.

e
 
Actually the HIPPA law helps provide patients ability to get their medical records easier. So you just need the consent of the patient in order for the release of records. Secondly, when this person was first a patient, they probably had to sign release forms allowing for the records to be shared with various other specialties. HIPPA helps empower the patient.
 
bluntforcetrauma said:
Actually the HIPPA law helps provide patients ability to get their medical records easier. So you just need the consent of the patient in order for the release of records. Secondly, when this person was first a patient, they probably had to sign release forms allowing for the records to be shared with various other specialties. HIPPA helps empower the patient.
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It's not just about the patient's ability to access their own records, HIPPA also provides for the sharing of medical records between medical facilities for the purpose of continuity of care - but I seriously doubt that it is that easy when you're talking about a documentary. It can be, for instance, very difficult for a law firm to obtain medical records - because the purpose is likely not directly related to the continuing care of the patient.

But, again - this is a conversation that really needs to be happening with a lawyer and with the community relations office of the medical facility, if one is available. Oh, and also the patient and doctor involved.

Actually, I guess the first question here is whether the doctor is even willing to participate in this project? If not, then all of this is moot.
 
Bus No. 8 said:
It's not just about the patient's ability to access their own records, HIPPA also provides for the sharing of medical records between medical facilities for the purpose of continuity of care - but I seriously doubt that it is that easy when you're talking about a documentary. It can be, for instance, very difficult for a law firm to obtain medical records - because the purpose is likely not directly related to the continuing care of the patient.

But, again - this is a conversation that really needs to be happening with a lawyer and with the community relations office of the medical facility, if one is available. Oh, and also the patient and doctor involved.

Actually, I guess the first question here is whether the doctor is even willing to participate in this project? If not, then all of this is moot.
Click to expand...


I was just giving the perspective from the patient's point of view. HIPPA empowers the patient a little more in releasing his or her own documents to whoever they see fit to give while also allowing for the protection of unwanted medical documentation. If this project is generated from the patients end then the release of medical information lands with the patient's responsibilities and the patient has the final word on what can be viewed. The doctors involved can elect not to participate but thats only from a personal stand point not a legal one. The medical professionals dont have to participate, but if the release of information has been waived then by all means they can participate.
The patients I have all require an adult as I see children from birth to 3 years of age. So they are asked before any medical intervention to sign a release of information as the medical professional sees fit on order to allow the free flow of information between medical parties that could eventually benefit the patient.
 
I'm a medical professional (Director of Neurorehab - Clinical Psychologist) and know the HIPPA rules quite well, HIPPA is not an issue for you - it is an issue between the physcian and his or her patient. All you have to be concerned with as a film maker is obtaining your usual releases for anyone who would appear in your film.

Mike
 
Thank you all for your help. The doctor I talked to about my friend agreed to do it but I didn't like his attitude. hahaha And he didn't know about any connection between Albinism and Intestinal problems so I actually have to find a doctor who knows a lot about HPS. Which was the only reason why I was trying to get her doctor for an interview. Thought he knew about it.
 
You merely need the patient's permission to discuss his or her medical records.

The Doctor of course is not obligated to do an interview so you will have to sell them on the idea as well.

If you are looking to interview a Physician about a condition in general you do not need any patient release just the release from the Physician.
 
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