No, you can’t defend your reputation if it means revealing PHI without the patient’s consent
Here we go again, it seems. No matter how irate you may be a patient’s bad review and no matter how unfair you think it may be, no, you cannot just reveal their protected health information without their consent – even if they revealed some of it themselves.
Patrick Danner reports:
A San Antonio doctor was sanctioned by the Texas Medical Board after she allegedly retaliated against an unhappy client by posting video of the patient in her in underwear to Facebook and YouTube.
The board said Dr. Tinuade Olusegun-Gbadehan, at the Dr. O Medical & Wellness Center, violated the Health Insurance Portability and Accountability Act, or HIPAA, the federal law that prohibits medical providers from disclosing confidential patient information.
According to a September complaint filed by the board, Olusegun-Gbadehan acted in an abusive manner by disseminating the video of Medina County resident Clara Aragon-Delk without her consent. Aragon-Delk had made a video testimonial for the medical practice before she had a falling out with the doctor over a billing dispute.
Read more on My San Antonio.