Question:
Hi Jennifer,
Hi Jennifer,
A patient recently posted a negative online review about our practice. Some of the statements are inaccurate, and I want to respond but don’t want to make things worse.
What’s the best course of action here?
Thanks in advance.
-Dr. S
Answer:
Thanks in advance.
-Dr. S
Answer:
Unfortunately negative reviews are part of being a business owner and you’re right to pause before responding. Responding to a negative comment is an easy trap to potentially set up a HIPAA problem.
Here are a few practical do’s and don’ts to keep in mind:
First, take a deep breath and do not respond immediately. Emotional or reactive replies can lead you in the most trouble.
Second, remember that HIPAA applies, even if the patient talked about their own condition and seemingly, implicitly accepted a discussion around their protected health information. Under 42 U.S.C. §164.502(a), covered entities (i.e. medical providers) cannot “disclose protected health information.” In your response, you cannot confirm that the reviewer is a patient, reference their visit, or disclose any information about their care. This is exactly how providers end up facing OCR complaints. (See https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/agreements/upi/index.html where OCR imposed a $50,000 penalty against a dental practice for disclosing a patient’s PHI in response to an online review.)
If you choose to respond publicly, keep it generic. You may:
• Express regret that the individual felt dissatisfied
• Reaffirm your commitment to patient care
• Invite the individual to contact the practice offline to discuss concerns
In many cases, the best option is to take the conversation offline. If you know who the reviewer is, a phone call or invitation to directly discuss concerns can be productive and might bring them to remove the review. Perhaps we enter into a legal release process - where consideration or refund is paid in exchange for cooperation in removal - and we enter into mutual non disparagement provisions. Most reviews are pressure or response to a monetary complaint as opposed to an actual care complaint.
An option to go on the offense - actively encourage satisfied patients to leave positive reviews, which will overpower and discredit the bad ones.
Need help navigating? Email Jennifer directly for assistance.
Here are a few practical do’s and don’ts to keep in mind:
First, take a deep breath and do not respond immediately. Emotional or reactive replies can lead you in the most trouble.
Second, remember that HIPAA applies, even if the patient talked about their own condition and seemingly, implicitly accepted a discussion around their protected health information. Under 42 U.S.C. §164.502(a), covered entities (i.e. medical providers) cannot “disclose protected health information.” In your response, you cannot confirm that the reviewer is a patient, reference their visit, or disclose any information about their care. This is exactly how providers end up facing OCR complaints. (See https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/agreements/upi/index.html where OCR imposed a $50,000 penalty against a dental practice for disclosing a patient’s PHI in response to an online review.)
If you choose to respond publicly, keep it generic. You may:
• Express regret that the individual felt dissatisfied
• Reaffirm your commitment to patient care
• Invite the individual to contact the practice offline to discuss concerns
In many cases, the best option is to take the conversation offline. If you know who the reviewer is, a phone call or invitation to directly discuss concerns can be productive and might bring them to remove the review. Perhaps we enter into a legal release process - where consideration or refund is paid in exchange for cooperation in removal - and we enter into mutual non disparagement provisions. Most reviews are pressure or response to a monetary complaint as opposed to an actual care complaint.
An option to go on the offense - actively encourage satisfied patients to leave positive reviews, which will overpower and discredit the bad ones.
Need help navigating? Email Jennifer directly for assistance.
