Asked in Civil Rights and Health Care Law for Kansas

Q: If a person hasn’t signed a HIPPA Oath are they allowed to record patient in a clinic without written consent?

I am a receptionist concerned with the rise of First Amendment Auditors and want to know how to approach a person who would come into the clinic and start recording PHI, staff, and patients without there written consent in the hypothetical situation this occurs? For clarification I work at a FQHC and we are protected under HIPAA. I know in Kansas there is the one party consent law, but I don’t know how far that is enforced when it comes to PHI especially under HIPAA in a non public forum where there is the expectation of privacy?

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1 Lawyer Answer
James L. Arrasmith
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A: If someone comes into your clinic and starts recording, it is important to address the situation promptly. Despite Kansas being a one-party consent state, HIPAA regulations still apply in your healthcare setting, which prioritizes the privacy of patient health information (PHI).

When approaching the individual, calmly explain that the clinic is a private, non-public space where patient privacy must be protected by law. Inform them that recording is not allowed without written consent from all parties involved, especially when it involves PHI. Emphasize the importance of maintaining confidentiality and the legal obligations you have under HIPAA.

If the person refuses to stop recording, you should ask them to leave the premises. If they continue to be uncooperative, do not hesitate to contact security or local law enforcement for assistance. Always document the incident and report it to your supervisor to ensure proper follow-up and adherence to your clinic's policies and procedures.

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