Recording Medical Visits: Things to Remember
DISCLAIMER: Dr. William Gonzalez is not a lawyer. The information provided in this article does not, and is not intended to, constitute legal advice. The information and content in this article is for general informational purposes only.
Recording medical visits can be helpful if done correctly. However proper planning is needed to avoid risks
Medical Memory© is a HIPAA-compliant app for the recording of medical visits
There are laws which regulate the recording of conversations
Patients may be recording medical visits without the consent of the physician, and there is not much providers can do to prevent it
July 29th, 2020 — Recording medical visits, via telemedicine or in-person, can be useful if done within the right context and with the right strategy. However, without proper planning, there are security and privacy risks associated with this. I want to highlight certain aspects of this practice.
Recording telemedicine visits may help reduce misunderstandings, and redundant questions from caregivers, families, and patients. Recording visits for documentation purposes could also protect physicians and facilitate patient’s compliance.
Medical Memory© is an app that physicians and other providers can use to record patient visits. These visits are then shared with patients. Patients can choose to share the recordings with family and caregivers as well. The goal of this app is to better inform and educate patients as well as protect physicians legally.
There are a few things to keep in mind before any health care provider decides to record medical visits:
Laws on Recording Conversations
The recording of conversations is regulated by both state statutes and federal laws, and in most cases both jurisdictions apply.
The main issues found in state statutes are concerned with the consent of the person or persons being recorded. Most state statutes required a “one-party consent”. There are eleven (11) states that require “all-party consent” — these include California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington. The issue of consent gets even more complicated when everyone involved in the conversation is communicating across state lines.
As a rule-of-thumb, when recording medical visits, it is recommended to obtain consent from everyone involved in the visit — i.e. “Before we start I want to let you this visit is being recorded for safety and documentation purposes”
The following federal laws protect against wiretapping or against the use of machines to record conversations without consent:
The Federal Communications Act of 1934
The Electronic Communications Privacy Act of 1986
The Federal Wiretap Act
When Patients Record Medical Visits Without the Consent of the Provider
The reality is that there is nothing healthcare providers can do to prevent patients from recording medical visits — either in-person or via telemedicine. What should be done in this situation?
First, healthcare providers need to realize that most patients who record medical visits do so in order to have a record of the visit to reference at a later time — without malice. Most patients don’t realize there is regulation related to the recording of conversations. So, patient education regarding the risks associated with the recording of medical visits is essential.
A helpful strategy is to create an office policy regarding the recording of medical visits. This could be included in the office practices and policies. This policy should also be added as part of the telemedicine consent. This will help educate patients and make it clear to them where your practice stands regarding the recording of visits.
Final Thoughts…
Recording medical visits, despite the possible benefits, can be complex and full of risk. Therefore, unless the benefits outweigh the potential risks, medical visits should not be recorded.
If you have any question about this article, feel free to contact me.
