New York Presbyterian Hospital has been hit with a $2.2 million penalty for allowing a film crew from a reality show to record video of two patients without previously getting their consent, according to the New York Times.
At the same time, the Office for Civil Rights with the Department of Health and Human Services clarified its position on the rules on TV crews being allowed in treatment areas without first obtaining permission from all patients in the area. The move could spell the end for some reality shows that had been filming in hospital areas and either getting permission later, or blurring or disguising the patients.
The Office for Civil Rights is in charge of the enforcement of the Health Insurance Portability and Accountability Act (HIPAA), which does not allow media access to patient health information without authorization or consent.
The penalty resulted from the case of Mark Chanko, who, in 2011, was struck by a garbage truck and taken to New York-Presbyterian Hospital/Weill Cornell Medical Center for emergency treatment. A film crew from the ABC program, NY Med, videoed the doctors unsuccessful attempt at trying to save Mr. Chanko’s life. The next year, the widow of Mr. Chanko, Anita, was watching the show and she recognized her husband, despite the show’s efforts to blur his face and muffle his voice.
Mr. Chanko’s son filed a complaint in 2013, and it took three years for the case to be resolved. The hospital did not admit any wrongdoing, and has agreed to pay the $2.2 million penalty for allowing the crew to film, although the hospital says it did not believe it violated the HIPAA policies.
In addition to the fine, the hospital agreed to update its patient privacy policies and provide more training to the staff. The facility said in a statement, their participation in the filming of the program “was intended to educate the public and provide insight into the complexities of medical care and the daily challenges faced by our dedicated and compassionate medical professionals.”
Kenneth Chanko, the son who filed the complaint, said the family was “very grateful, happy and relieved” by the news of the action that was taken against the hospital and that it will have an impact on other hospitals across the nation.