Phone calls and HIPAA Compliance

[Madden007]

I cover do phone consultations for a local hospital by phone. I downloaded an app to record the conversation, primarily because sometimes I may be driving or doing other things that prevent quick access to a pen and pencil. I wonder if this action is a hipaa violation. Thoughts?

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[usoggyojimbo]

I’m not sure about HIPAA but it could be against normal phone recording laws. Some states are “two party consent“ states where both people have to consent before being recorded.

 

[pediatric_psydoc]

Whenever patients are audio recorded in sessions, it requires the patient’s consent and documentation of that consent through signature. I would think that would apply in this case.

Also, are you recording on a device that has been cleared as HIPAA compliant by your organization? If not, that is likely an issue because patient data is being stored on a non secure device.

I also agree with the previous comment regarding both parties being aware of being recorded for legal purposes.

 

[Old&InTheWay]

As far as consent goes, it seems like all you’d have to do is inform the patient that you record the calls. If Comcast can just let me know they’re recording my calls to their customer service department, then I don’t see why you can’t do the same.

As far as Hipaa compliance and storing data on a “non-secure device“ i’m not sure I appreciate a meaningful difference between temporarily storing a voice recording on your phone which is in your possession, and having a briefcase full of paper files which is in your possession (or perhaps more equivalent would be a voicemail left by a patient on a cell phone). Are we worried about hackers stealing the data? Is that really any more likely than someone stealing the briefcase?

At a certain point, the extra protection against liability in having the recordings must outweigh the liability from the data being obtained by someone who shouldn’t have it.

 

[Madden007]

In my state it is a one-party consent. I would be recording discussions with other physicians about patient care. HIPAA violation? I'm not sure. I may have to reach out...