Video is a powerful tool in healthcare, serving to educate patients, train staff, and even market services. But with this power comes responsibility. Healthcare organizations must be meticulous about video compliance to protect patient privacy, avoid legal issues, and maintain trust.
Here’s a breakdown of common video compliance mistakes and how to sidestep them in 2024:
HIPAA Violations: The Cornerstone of Patient Privacy
The Health Insurance Portability and Accountability Act (HIPAA) is non-negotiable. Breaches can stem from:
- Inadequate Consent: Always obtain clear, informed consent from patients before filming.
- PHI Exposure: Scrupulously edit videos to avoid accidental disclosure of Protected Health Information (PHI). This includes details that might be visible in the background.
- Unsecured Storage: Use HIPAA-compliant, encrypted storage solutions to safeguard video files.
Accessibility: Making Videos for Everyone
The Americans with Disabilities Act (ADA) mandates that videos be accessible to individuals with disabilities:
- Subtitles and Captions: Include these for viewers who are deaf or hard of hearing.
- Audio Descriptions: Provide narration of visual elements for those with visual impairments.
Truth in Advertising: Marketing Must Be Honest
Healthcare marketing videos must adhere to strict standards:
- No Exaggeration: Avoid making unsubstantiated claims about treatments or outcomes.
- Clear Disclaimers: Include necessary disclaimers about potential risks and limitations. Always have marketing videos vetted by legal and compliance teams.
Respecting Copyrights: Obtain Proper Licenses
Using copyrighted material without permission is a legal risk:
- Music Rights: Secure the appropriate licenses for any music used in your videos.
- Stock Footage: Adhere to the licensing terms of any stock footage you incorporate.
Data Security: Protecting Patient Information Beyond HIPAA
Even if PHI isn’t directly involved, patient data within videos must be protected:
- Encryption: Encrypt all video files to prevent unauthorized access.
- Secure Sharing: Use secure, HIPAA-compliant platforms for sharing videos.
Consistency is Key: Policies and Procedures Matter
A haphazard approach to video content can easily lead to compliance issues:
- Standardized Processes: Develop clear protocols for video production, editing, and distribution.
- Staff Training: Regularly educate staff on video compliance requirements.
State-Specific Regulations: Know the Local Laws
Don’t assume federal regulations are enough:
- State Privacy Laws: Some states have stricter privacy laws than HIPAA.
- Varying Consent: Consent requirements for recording and sharing videos may differ by state.
Video compliance in healthcare is complex, but it’s not optional. By understanding these common pitfalls and taking proactive steps to avoid them, you can harness the power of video while safeguarding your patients, your organization, and your reputation.
