A dental practice recently settled an allegation that it violated HIPAA, based on its social media activity. The HIPAA violation allegation stemmed from the dental practice posting on social media in response to a review by a patient; the response allegedly included a patient’s last name and details of the patient’s health condition. When the Office of Civil Rights conducted an investigation it found that the dental practice apparently impermissibly disclosed the protected health information of multiple patients in prior responses to Yelp reviews. OCR also found that the practice did not have a policy and procedure related to disclosures of protected health information, nor did it have a Notice of Privacy Practices that complied with the Privacy Rule, which resulted in the settlement. The settlement press release may be accessed here: https://www.hhs.gov/about/news/2019/10/02/dental-practice-pays-10000-settle-social-media-disclosures-of-patients-phi.html

With this recent settlement, it is important for health care providers to review their social media practices and HIPAA policies. Covered entities’ and business associates’ social media accounts are not permitted to disclose protected health information, even if a patient or patient’s family seemingly “opens the door” by commenting about a provider online. It is also important for providers to educate their staff on HIPAA compliance related to social media posts and responses. Employees may believe that if they offer a rebuttal to negative comments online that it is helpful to their employer’s reputation, but such social media activity could lead to significant financial penalties for the provider.

The Kitch firm can help providers implement and improve HIPAA policies and procedures, conduct training, and respond to possible HIPAA breaches. Should you have any questions, concerns, or need assistance with HIPAA compliance, please do not hesitate to contact a member of our Post-Acute Care Practice.

By: Kally Goodwin Ratzloff and John Paul Hessburg

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