With the availability of smartphones and other recording devices, patients are increasingly — and often covertly — recording conversations with their physicians.
An op-ed published in JAMA addresses potential concerns clinicians may have with regard to federal and state laws about office recordings.
Here are six insights from the op-ed.
1. In a recent survey administered to residents in the United Kingdom and published in BMJ Open, 19 of 128 respondents (15 percent) indicated they had covertly recorded a clinic visit. Fourteen of 128 respondents (11 percent) said they were aware of someone who had covertly recording a clinic visit.
2. According to a review of 33 studies addressing patient use of clinical recordings published in the journal Patient Education and Counseling, 72 percent of respondents across the studies said they listened to their recordings, while 68 percent of respondents said they shared information from the recordings with a caregiver.
3. The legality of covert recording in the U.S. differs by state. Thirty-nine states and the District of Columbia conform to the singly-party consent rule, in which the consent of any one party to the conversation — including the person making the recording — is sufficient.
4. Eleven states adhere to the all-party jurisdiction. Under the all-party rule, covert recording is illegal unless all parties involved in the recording provide their expressed permission prior to recording.
5. An audio recording's compliance with HIPAA standards depends on who owns the recording. The recording is subject to HIPAA standards if it is "created or received" by a "covered entity," which includes health plans, healthcare practioners and healthcare clearinghouses, according to the report. However, a patient recording that is not given to a provider or health plan is not subject to HIPAA compliance.
6. Authors Glyn Elwyn, MD, PhD, Paul Barr, PhD, and Mary Castaldo, JD, all from Lebanon, N.H.-based The Dartmouth Institute for Health Policy and Clinical Practice, wrote that while patients benefit from recording interactions with their clinicians, the situation may prove uncomfortable for those providing patient care. To remedy potential uneasiness, "clinicians, patient advocacy groups and policymakers should work together to develop guidelines and regulatory guidance on patient recording."
"As healthcare continues to make significant strides toward transparency, the next step is to embrace the value of recording clinical encounters," the authors wrote.
To read the op-ed, click here.