Releases - necessary for people profiled on website?

This is a Doctor's office

[mcjohnson]

I have a new client who is an oncology medical practice. They wish to feature some profiles of people who've been treated and who are "success stories"...patients, former patients, etc.

In such a case, what sort of releases, if any, might be wise? I realize this is predominantly a legal question that should be run past the firm's counsel, but in general, has anyone dealt with such an issue?

Any thoughts would be appreciated.

[sonjay]

Assuming you're located in the U.S., your client better make sure all their i's are dotted and t's are crossed. What you're talking about would fall under HIPAA guidelines, which prescribe very specific elements that must be included in the patient's authorization form -- including an expiration date!

If I were you, I would require that the client have his attorney draft the authorization (do NOT draft it yourself!), and you should also get a release from the client releasing you from liability and agreeing to defend you against any lawsuits or charges arising from the use of patient information.

When HIPAA was passed, I worked in public relations in the healthcare field, and I was very glad to get out. The requirements are wide-ranging and onerous, and the penalties can be draconian -- up to and including criminal prosecution for those involved.

[mcjohnson]

Sonjay,

Many thanks - I appreciate the advice. Take care!