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Florida Hospital Fires Employees for Taking Unauthorized Photographs of Sedated Patients

Four employees of Baptist Health’s Jay Hospital in Florida have been terminated for allegedly taking unauthorized photographs of patients and sharing the images on the Snapchat social media platform. The privacy violations reportedly first occurred in February 2025; however, this appears to have been a long-running issue, as one patient alleges that they were photographed in August. The employees were alleged to have entered patients’ rooms late at night and photographed patients while they were sleeping or medicated, in either a semi-nude or nude state, without the patients’ knowledge or consent.

Personal injury attorney Joe Zarzaur was contacted by three patients who were recently notified about the privacy violations by the hospital. One of the patients was notified about the privacy violation while they were still admitted at Jay Hospital, and another was informed when they visited an outpatient rehab facility. It is unclear why it took so long for the affected patients to be notified, or how many patients have been affected. According to Zazaur, the patients were informed that the photographs were “unflattering” and “horrible.” They were not told how many photographs were taken, exactly what the photographs showed, and were not allowed to see any of the images.

At least three of the affected patients claim that they were contacted about the privacy violations and were offered an undisclosed sum of money in exchange for signing a non-disclosure agreement. The three patients declined the offer and opted to take legal action over the privacy violations, one of whom is being represented by Zarzaur. Three lawsuits were filed in Florida state court on October 10, 2025, alleging the hospital was negligent by failing to implement policies, procedures, and safeguards to ensure patient privacy.

“Upon learning of the allegation, we immediately conducted a preliminary investigation and notified the appropriate authorities and the patients,” explained a spokesperson for Jay Hospital. “Following the investigation, the individuals involved were terminated. We are committed to protecting the privacy, safety, and dignity of our patients. As this matter involves patient privacy and is currently under investigation, we are unable to share further details at this time.”

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HIPAA Journal Privacy Policy

The sharing of protected health information (PHI) for reasons unrelated to treatment, payment, or hospital operations is not permitted by the HIPAA Privacy Rule, unless consent is obtained from the subject of the PHI.  Photographs of patients are classed as PHI, and the employees clearly violated HIPAA as well as ethical and professional standards. This is far from the only case where staff members have taken compromising photographs of patients and shared the images on social media platforms.

Back in 2015, an investigation by ProPublica identified multiple cases of abuse of nursing home residents, with degrading images and videos taken and shared on social media channels for entertainment value. ProPublica identified 35 instances of humiliating and degrading photographs and videos being taken of naked and semi-naked patients, with the videos and images subsequently shared on Snapchat and other social media networks. In response to the report and complaints, the HHS Centers for Medicare and Medicaid Services (CMS) sent a memo to state health departments reminding them of facility and state agency responsibilities and the rights of residents to be free from all types of abuse, including mental abuse.

In 2016, Sharp Grossmont Hospital was forced to issue an apology over unauthorized operating room videos being shared without consent. In 2017, a scrub nurse was fired for photographing and sharing images of a patient’s genitals. Several New York nursing home employees were terminated in 2018 for using their mobile phones to photograph and share images and videos of residents being abused or mistreated, and recently, a former employee of the Northwell Health Sleep Disorders Center was discovered to have installed hidden cameras in public bathrooms.

The widespread practice of filming or photographing patients without their knowledge or consent indicates that healthcare staff are unaware of how HIPAA applies to photographs and videos or that staff members are knowingly violating the HIPAA Privacy Rule. If the practice is discovered, at best, employees will face termination. These actions could also result in loss of license or even criminal charges.

Author: Steve Alder is the editor-in-chief of The HIPAA Journal. Steve is responsible for editorial policy regarding the topics covered in The HIPAA Journal. He is a specialist on healthcare industry legal and regulatory affairs, and has 10 years of experience writing about HIPAA and other related legal topics. Steve has developed a deep understanding of regulatory issues surrounding the use of information technology in the healthcare industry and has written hundreds of articles on HIPAA-related topics. Steve shapes the editorial policy of The HIPAA Journal, ensuring its comprehensive coverage of critical topics. Steve Alder is considered an authority in the healthcare industry on HIPAA. The HIPAA Journal has evolved into the leading independent authority on HIPAA under Steve’s editorial leadership. Steve manages a team of writers and is responsible for the factual and legal accuracy of all content published on The HIPAA Journal. Steve holds a Bachelor’s of Science degree from the University of Liverpool. You can connect with Steve via LinkedIn or email via stevealder(at)hipaajournal.com

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