Webinar: Smile, Your Medical Care Provider is on Camera! Guidance for Medical Care Providers When it Comes to Patients and Visitors Seeking to Record Patient Care and Treatment
April 19, 2023
(LITTLE ROCK, Ark.) — Mitchell Williams Attorneys Megan Hargraves and Ben Jackson, along with Jefferson Regional Medical Center Corporate Compliance Officer Shayla Robinson, presented a webinar on Wednesday discussing all aspects of patient and visitor recordings, both by the medical facility and the patients and visitors themselves. The webinar was sponsored by IADC’s Medical Defense and Health Law Committee.
More and more hospitals, long term care facilities, and clinics are dealing with the phenomenon of patients and visitors who wish to record their own medical care and treatment, and that of others. The way medical facilities have dealt with this issue has varied wildly, and there is little uniform guidance for how to handle this situation in the law.
Megan, Ben and Shayla educated participants on all aspects of patient and visitor recordings, both by the medical facility and the patients and visitors themselves. They discussed how facilities are developing policies related to patient and visitor recordings of care and care providers, how and when HIPAA governs recording in a medical care environment, and what impact other federal regulations and state law may play in all of this. They also presented anecdotal examples of problems recordings can cause, from recorded surgeries to recording nursing and physician encounters, and recommend options for how best to handle those situations under the law.
Megan is a health care lawyer who provides clients with strategic counsel on health care regulatory, compliance and legislative matters along with public policy and implementation issues. She advises hospitals and other health care clients on issues related to risk management, quality assurance and regulatory and operational compliance. She advises and represents clients on matters related to the Arkansas Peer Review Fairness Act, the Healthcare Quality Improvement Act (HCQIA), Arkansas Freedom of Information Act (FOIA), the False Claims Act, the Stark Act and anti-kickback statutes and other state and federal statutes.
Ben is a litigation and trial attorney who defends corporations, institutional clients and insurance companies in catastrophic personal injury and death cases, primarily including products liability, toxic tort and medical injury. He has worked as lead trial counsel on numerous catastrophic injury cases and regularly serves as local counsel assisting out-of-state defense attorneys in Arkansas litigation.
About Mitchell Williams
Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. is a full-service law firm providing strategic, comprehensive legal counsel for everything from day-to-day needs to the most complex, specialized business matters. Established in 1954, the firm has offices in Little Rock, Rogers and Jonesboro, Arkansas and Austin, Texas. For more information, visit MitchellWilliamsLaw.com.