For example an EMT or Paramedic should not be creating photographs or video of the rescue above because a) it conflicts with patient confidentiality and b) that is not what they are primarily there for or the job they have been empowered to perform. There is the ability, on a state by state basis, for an Agency to assign personnel to perform the task of photographing and videotaping events in public view such as this even if they are a HIPAA Compliant Agency.

I personally would not post this news report on my Agency's site for the simple fact that when the father was thanking the responders they appeared… standoffish. I'm sure in their minds they appeared "cool" and "hardcore", but that's not necessarily the image I would want my Agency to portray to the public who would be looking for "warm" and "caring".

2. Embed the news agency's feed assuming they meet strict media release standards such as signed forms.

3. If I start an organization that serves the public I will have a policy in place covering video, photography, writing, and verbal discussions. The policy would balance the needs and wants of the customers, employer, and employees,

My guess is that as long as video isn't taken by someone acting on the behalf of an organization covered under HIPAA there isn't a legal problem. A legal problem I believe rises when people covered under HIPAA start talking about an identifiable patient. Now there could be even stricter state privacy laws.