July 7, 2015
 
Question:

Hi Jennifer,

Can I record patient calls?

Thanks, Dr. T

Answer:
 
Whether or not you can record a patient's call depends on a few things.  1. Which state you are in.  2. Notice to parties on the call.  3. What you do with the recording once obtained. 

For the NY practitioner's reading, yes you absolutely can record so long as at least 1 of the 2 parties on the call know its being recorded.  So if all of your office staff are aware the calls may be recorded, you can tape patients without their knowledge.  The bigger issue I see, or biggest issue I see with recording, is how you will store the call once recorded.  A patient phone call is ripe with protected health information.  Patient name, possibly date of birth or other markers, maybe a description of why they are calling, etc.  Any storage of such recording must be HIPAA compliant.  

Before you hit record, make sure you have proper protections in place.  
  
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Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.