Has anyone ever heard of no photo taking in MCF/ ALF/ NH facilities due to HIPAA?

There’s really no reason for visitors to be taking selfies in care facilities and that’s exactly what the OPs relative was doing. She was taking a selfie to send her daughter.

"Rule 5 of the Health Privacy Code states that “taking photos of patient data through the use of camera phones and bringing of unauthorized electronic devices such as cellular phones, laptops, tablets, and cameras inside the medical records area is prohibited” by any health care professional.Aug 20, 2018"

"Under HIPAA, a breach or violation is an impermissible use or disclosure under the Privacy Rule that compromises the security or privacy of the protected health information (PHI). Common examples of social media HIPAA violations include: ... Sharing of photographs, or any form of PHI without written consent from a patient.Feb 11, 2018"

From what I read, it depends the area where the pictures are taken. Also, that you can't take pictures without a residents permission. I found nothing saying you can't take a picture of a LO. What I would do is take no pictures in a common area. If you take them, do it in the privacy of the residents room. I can't see how they could say anything about this since the resident pays for their room. Just make sure a roommate is not there.

There was no reason for the caregiver to take the photo in the care home, she could have taken it anywhere else.

As a caregiver, I personally am not allowed to take photos of any clients due to HIPPA. Family members & clients certainly can take photos. I would recommend only taking photos of your loved one & seriously attempt not to include other clients in the background of the photos. Likely the staff misunderstood the training they received. Please check with your MCF administrator in regards to any individual policies they might have placed.

I am pretty sure HIPAA has nothing to do with taking pictures. Its purpose is to keep a patient/residents heath info private unless the patient/resident requests otherwise. I think the CG was misinformed.

I do agree though, that you can't take a picture of people without asking first. But pictures of you with a LO should be OK.

When I was "shopping" for a facility for my MIL I wanted to take my own pics of each place so she and family saw a realistic version of them. I always asked the admin and told them what I was going to do with the pictures. I tried hard not to get people's faces in the pic. I was never told I couldn't take pictures. Maybe it's different when you're a resident?

Yes. In the MC where I work, many residents do not allow photos to be taken of them.

During my father's various rehabs, the admission package typically included permission, or not, to take photos and use them as the facility deemed appropriate.  I always opted out; I didn't want Dad's photo being used for publicity or anything else.

The authorization clauses are typically broad, which is the primary reason I won't sign them.  

There's a lot of concern from people who don't feel that everything can or should be photographed and spread online w/o the subject's permission.  I'm one of those people.  The privacy issues are paramount, as are the intellectual property rights, something the quick snappers don't seem to consider or understand.

I was able to take pictures of my mom but other Residents couldn’t be in the picture. Staff could not take pictures of Residents.