September 20, 2018– Today, the Department of Health and Human Services, Office for Civil Rights (OCR) announced that it has reached separate settlements with Boston Medical Center (BMC), Brigham and Women’s Hospital (BWH), and Massachusetts General Hospital (MGH) for compromising the privacy of patients’ protected health information (PHI) by inviting film crews on premises to film “Boston Med,” an ABC television network documentary series, without first obtaining authorization from patients. Collectively, the three entities paid OCR $999,000 to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.
This is the second HIPAA case involving an ABC medical documentary television series, the previous being OCR’s April 16, 2016 settlement with New York-Presbyterian Hospital in association with the filming of “NY Med.”
To resolve potential HIPAA violations, BMC has paid OCR $100,000, BWH has paid OCR $384,000, and MGH has paid OCR $515,000. Each entity will provide workforce training as part of a corrective action plan that will include OCR’s guidance on disclosures to film and media: http://www.hhs.gov/hipaa/for-professionals/faq/2023/film-and-media/index.html.
The respective Resolution Agreements and Corrective Action Plans may be found on the HHS website at: https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/agreements/bostonmed/index.html
EDITORIAL COMMENT: Workforce training? I sincerely doubt that front line hospital staff gave the go-ahead for filming in the ED. The incentive for these blatant violations probably came from the C-Suite and marketing with little or no say from risk, compliance, nursing or the ED medical staff. Just how many of these leaders have to take HIPAA training and other compliance training like the rest of their staff?