What must a Health Care Component consider in terms of HIPAA if it were to film a commercial on-site? Does the Health Care Component need to sign a confidentiality agreement or Business Associate Agreement (BAA) with the film crew? Would the crew be permitted to film in the patient care areas without Authorization from those present if the curtains were drawn and doors were closed?

You should have the film crew sign confidentiality agreements since they may inadvertently see or overhear patient information while they are on-site. If the commercial will specifically include access to patients or PHI, the company creating the commercial would be considered a business associate (BA) and should sign a BAA.

If patients will be in the area when filming will occur, contact the University Privacy Official before contracts with the film crew are signed.