Q&A: Photo ID requirements for patient appointments
Q: I went to a clinic and they asked to scan my driver’s license. They told me it was federal law and that I could not keep my appointment if I did not let them scan it. They did not say they were refusing me service, but they continued to insist it was their policy and even called a hospital manager to confirm it. In a previous Q&A, it was said that you only need to show your ID—not scan it. The clinic insisted their policy was the law until I said I would sue them if they did not keep my appointment. After that, the manager agreed to let me show my ID and keep my appointment. It took over an hour of them insisting it was policy, and then federal law, before they let me show my ID. Was I within my rights, or was I just lucky?
A: You were well within your rights. Federal law does not require covered entities (CE) to scan and save a copy of your driver’s license or other valid forms of government identification. It may be the clinic’s policy to scan and save images of patients’ government-issued identification. HIPAA creates a floor, and CEs may adopt more stringent privacy and security policies and practices, but this doesn’t make it the law.
Some CEs who check with credit bureaus to determine creditworthiness and who offer credit may be subject to the federal Red Flags Rule. As an example, a plastic surgeon may check a patient’s credit to determine if the patient has a record of paying bills before offering credit for procedures not covered by health insurance. Even if that is the case with the clinic and associated hospital, the Red Flags Rule does not require CEs to copy and save images of government-issued identification.
Editor’s note: Chris Apgar is president of Apgar & Associates, LLC, in Portland, Oregon. He is also a BOH editorial advisory board member. This information does not constitute legal advice. Consult legal counsel for answers to specific privacy and security questions. Opinions expressed are those of the author and do not represent HCPro or ACDIS. Email your HIPAA questions to Associate Editor Heidi Samuelson at hsamuelson@hcpro.com.