Article

Ok to respond to patient's online review?

Provided by:  Jennifer Kirschenbaum, Esq.

March 21, 2019

 

 

Question

Jennifer, 

Is it ok for me to respond to a negative review online?  My patient got it wrong. 

Thanks, Dr. J
 


Answer

Do not, I repeat, do not, give in to the urge to engage online in a public forum.  Regardless of what your patient has posted, the patient has not consented (likely) to your use of their medical information in a public forum.  A fairly recent case (October 2018) is a good example of potential exposure - https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/agreements/allergyassociates/index.html

In October 2018, OCR settled with Allergy Associates, a health care practice that specializes in treating individuals with allergies, for $125,000.  In February 2015, a patient of Allergy Associates contacted a local television station to speak about a dispute that had occurred between the patient and an Allergy Associates’ doctor. OCR’s investigation found that the reporter subsequently contacted the doctor for comment and the doctor impermissibly disclosed the patient’s PHI to the reporter.

Second guessing a late night retort to a patient?  Good!  Do not hit send; wait til morning and make sure to have the language vetted (or forgotten).  
 

Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!
Ok to respond to patient's online review? - March 21, 2019 - Jennifer Kirschenbaum

Article

Ok to respond to patient's online review?

Provided by:  Jennifer Kirschenbaum, Esq.

March 21, 2019

 

 

Question

Jennifer, 

Is it ok for me to respond to a negative review online?  My patient got it wrong. 

Thanks, Dr. J
 


Answer

Do not, I repeat, do not, give in to the urge to engage online in a public forum.  Regardless of what your patient has posted, the patient has not consented (likely) to your use of their medical information in a public forum.  A fairly recent case (October 2018) is a good example of potential exposure - https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/agreements/allergyassociates/index.html

In October 2018, OCR settled with Allergy Associates, a health care practice that specializes in treating individuals with allergies, for $125,000.  In February 2015, a patient of Allergy Associates contacted a local television station to speak about a dispute that had occurred between the patient and an Allergy Associates’ doctor. OCR’s investigation found that the reporter subsequently contacted the doctor for comment and the doctor impermissibly disclosed the patient’s PHI to the reporter.

Second guessing a late night retort to a patient?  Good!  Do not hit send; wait til morning and make sure to have the language vetted (or forgotten).  
 

Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!