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Providers must keep those permissions on file and ensure they meet both federal and state law requirements. Both uses require the patient’s permission. Consider the use of pictures of patients for advertising or even academic endeavors.

Social media is not the only concern for providers, including small ones. However, because there is no business associate agreement, the hosting of patient information without advising the patient that it is not a HIPAA compliant method of communication can cause issues.Ī patient using Facebook Messenger to change an appointment without any health care specifics is still considered “protected health information” and, therefore, use of the Facebook Messenger communication tool is not without its problems. While common sense might dictate that patients should not expect a Facebook posting to be confidential, when a provider sponsors a Facebook page, the provider should consider posting disclaimers and notices to ensure patients do not inadvertently misunderstand the limitations of Facebook.įacebook can also create a secondary concern, as a patient might believe a communication on Facebook Messenger is protected. Social media presents a host of minefields for providers. Thus, a larger practice who impermissibly discloses PHI on social media could find itself facing significantly more onerous financial consequences, especially after this publicized action.

this lesson is not limited to dental practices, but also applies to physicians and other HIPAA covered entities.Īlthough $10,000 may not seem like a strong admonition to larger providers, the OCR confirmed that it accepted a “substantially reduced settlement amount” as a result of the practice’s size, financial situation, and cooperation with the OCR.

responding to online reviews is not outright prohibited by HIPAA, but must be done cautiously and in a way that does not discuss patient care or other PHI and.

Severino’s statement reinforces two important points: Doctors and dentists must think carefully about patient privacy before responding to online reviews.” In the HHS press release discussing the settlement, OCR Director Roger Severino stated, “Social media is not the place for providers to discuss a patient’s care. The OCR concluded that the practice’s Yelp posts constituted impermissible disclosures of PHI in violation of HIPAA. The OCR’s investigation of the complaint included a review of the dental practice’s Yelp page and revealed that the dental practice had similarly disclosed PHI of other patients without valid authorization in responding to patient reviews. In June 2016, the OCR received a patient complaint alleging that the dental practice’s response to a Yelp review had disclosed the patient’s protected health information (PHI), including last name, details of treatment plan, insurance, and cost information. Lessons From the Dental Practice Experience

To ensure compliance with HIPAA, physician practices and other health care providers should be extremely cautious in responding to patient posts and reviews on the internet.

This rule applies equally to all HIPAA-covered entities, large and small. Providers are generally also prohibited from using the patient information other than to treat the patient, seek payment from third-party payors, or perform certain limited “health care operations” in their business. However, providers are prohibited from posting any patient information on any website without a valid authorization. Internet sites such as Yelp have become ubiquitous in our society and their use is an integral part of any business. Health care providers, especially those in smaller practices, remain largely unaware of the way Health Insurance Portability and Accountability Act regulations impact their business.Ĭase in point, the $10,000 settlement announced recently between the Department of Health and Human Service Office for Civil Rights (OCR) and a small dental practice based on impermissible disclosures on Yelp, a popular business directory service and crowd-sourced review forum.Īlthough this settlement pertained to a dental practice, it is important to recognize the underlying lesson-do not publicly post patient information.