Social media has become a part of daily life for many people. Particularly for members of the younger generation, many of their most important relationships and major decisions rely on what they access on social media. An increasing number of healthcare providers have turned to social media as a way of branding themselves and connecting with prospective patients.
Unfortunately, the use of social media does have a dark side for healthcare professionals. In some cases, they may be at risk of licensing penalties, expensive fines and even criminal prosecution because of what they choose to share on social media in an attempt to market themselves or their practice.
Privacy guidelines limit social media conduct
The Health Insurance Portability and Accountability Act (HIPAA) established many crucial privacy protections and medical rights for patients. It also imposed new restrictions and documentation requirements on health care providers. For example, most health care providers now have to provide physical copies of privacy policies to patients during their initial intake. They have to obtain written authorization to disclose medical information to members of a patient’s family or other health care providers.
It is incredibly easy for healthcare professionals to unintentionally violate HIPAA when using social media for marketing purposes. For example, they may talk about a client’s treatment and disclose information that allows other people to identify the patient. They might unknowingly record a video of themselves or take a photograph in a location where part of a patient is visible or a medical record with a name printed on it appears in the background.
What seems innocuous at the time of posting can come back to haunt the professional later. HIPAA violations can lead to lawsuits, fines and sometimes even medical licensing consequences. Health care providers using social media as a way to market themselves and their practices may need to take extra steps to ensure compliance.
They may need to obtain releases from individual patients to talk about their care and may need to include their use of social media marketing in their privacy policies for optimal protection. They may also need to have a plan in place to protect themselves should any kind of controversy arise.
Responding assertively to issues that can endanger medical licensing may be truly necessary for those who have invested years and tens of thousands of dollars in their education. Health care professionals who regularly use social media may have more exposure to legal controversy than they initially realize.
