A woman who took a picture of her son at a Mercy hospital in Springfield, Mo., was detained by hospital officials claiming she had violated HIPAA, according to a Springfield News-Leader report.
Mandi Wilson took her son to an audiologist. When she tried to take a picture, the audiologist allegedly "waved her hands in my face and in front of the camera and began freaking out," Ms. Wilson said in the report.
A security guard questioned Ms. Wilson, saying she violated HIPAA and that she would be detained and taken to jail if she came back on the hospital property, according to the report.
However, HIPAA is not applicable to family members of patients. What hospitals can do, according to Washington D.C.-based lawyer Deven McGraw, is establish their own policies regarding photographs in the facilities, according to the report.
Mercy spokesperson Sonya Kullman said in the report the hospital is not trying to prohibit patients from capturing memories. "However, we want to ensure that we protect everyone's right to privacy. That includes other patients, visitors, co-workers and providers who may not want to appear in someone else's photograph, video or recording," she said in the report.
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