A guide to HIPAA for social media

HIPAA breaches on social media have become more common in recent times due to the widespread use of social platforms in professional settings. The ease of sharing information, combined with insufficient oversight, has heightened the risk of HIPAA violations.

A notable recent case involved a New Jersey psychiatry practice that disclosed protected health information (PHI) in response to negative online reviews. The Health and Human Services (HHS) Office for Civil Rights reached a $30,000 settlement with the practice for this impermissible disclosure.

The practice violated HIPAA by sharing PHI publicly without patient consent, underlining how healthcare providers can easily breach privacy standards on social media and online platforms.

Other common breaches include sharing patient images or discussing cases online without proper anonymization, often leading to inadvertent exposure of sensitive data. Such breaches are increasingly frequent, driven by a lack of training and awareness among healthcare professionals.

In this guide, we explore HIPAA's rules regarding sharing PHI on social media, both accidental and intentional.

Section 1: Understanding HIPAA and social media

Let's understand HIPAA and its implications for social media:

What is HIPAA? A recap for healthcare providers

HIPAA (Health Insurance Portability and Accountability Act) is a U.S. law passed in 1996 that sets national standards for protecting sensitive patient data. It aims to ensure privacy, security, and confidentiality of personal health information (PHI).

HIPAA primarily does two things: it improves healthcare efficiency by standardizing the way health information is handled and establishes rules to protect individuals' medical records and personal health data from unauthorized access, use, or disclosure.

It applies to healthcare providers, health plans, and businesses that handle PHI.

Read also: Which entities are covered under HIPAA?

The definition of Protected Health Information (PHI) in the context of social media

Protected Health Information (PHI) refers to any data related to an individual's health status, care, or payment for healthcare services that can be used to identify them. In the context of social media, PHI includes any content that contains identifiable health information shared publicly, such as patient names, medical conditions, treatments, or photos.

Healthcare providers must be cautious not to disclose PHI on social media, as this could lead to HIPAA violations. Even unintentional exposure, such as patient details visible in a background photo, can breach privacy rules.

Key HIPAA rules impacting social media usage

HIPAA establishes strict guidelines for social media usage to protect patient privacy:

• No sharing of PHI: The most critical rule is that healthcare professionals must never share PHI on social media. This includes names, photos, medical conditions, or any other identifiable patient data without explicit consent.

• Maintain confidentiality: Healthcare entities must ensure that employees do not accidentally disclose patient information, such as by posting pictures or making comments that indirectly reveal patient details.

• Separate personal and professional accounts: Healthcare providers should clearly separate their work and personal lives online and avoid sharing any work-related content on personal accounts.

• Consent is key: Any patient data shared, even for positive purposes (e.g., testimonials or success stories), must have the patient's written consent before being posted.

What are the FTC social media rules?

The Federal Trade Commission (FTC) has established guidelines for influencers and advertisers to ensure transparency on social media platforms. The FTC Social Media Rules, when applied in conjunction with HIPAA, ensure that healthcare entities and influencers maintain patient privacy and avoid deceptive practices:

• Disclosure of relationships: If a healthcare entity or influencer is promoting healthcare products or services, they must disclose any material connections, such as sponsorships or partnerships, to maintain transparency.

• Prohibition of false claims: Both HIPAA and FTC regulations require that any claims made on social media about healthcare products or services must be truthful and cannot mislead consumers.

• Protection of PHI: Posting patient information or photos without consent violates both HIPAA and FTC privacy rules. HIPAA protects PHI, while the FTC enforces truth-in-advertising and privacy standards.

Read also: Guardians of healthcare data: Mastering HIPAA audit trail requirements

Section 2: Risks of mishandling PHI on social platforms

Mishandling PHI on social platforms can lead to serious consequences, including:

Legal and financial penalties

Violating HIPAA by mishandling PHI can result in civil and criminal penalties. These penalties range from fines to potential imprisonment, depending on the severity of the violation. Non-compliance can also lead to costly litigation, impacting an organization's bottom line.

The fines for HIPAA violations vary depending on the level of culpability and the nature of the violation.

The penalty structure for HIPAA violations in 2024

Data breaches

Posting PHI on social media, either intentionally or accidentally, can lead to significant data breaches. Such breaches expose sensitive patient information, increasing the risk of identity theft and cyberattacks, which can incur financial damages for the healthcare provider.

Reputational damage

Publicly mishandling PHI can erode patient trust, resulting in long-term reputational damage. Patients may lose confidence in the provider's ability to protect their privacy, leading to lost business and diminished credibility.

Read also: HIPAA Compliance Checklist: Safeguarding Data Privacy Made Easy

Section 3: Common HIPAA and social media violations

Going through some of the common HIPAA and social media violations can help you understand the rules and regulations better. So, let's take up some practical examples.

Social media HIPAA violation examples

Healthcare providers must be cautious when using social media, as certain posts can lead to HIPAA violations. Some common examples include:

• Posting patient information without consent: Even if identifying details are left out, sharing information about a patient's condition, treatments, or experiences can breach HIPAA and social media rules.

• Sharing patient photos or videos: Posting images or videos of patients without their written consent, such as a patient singing or undergoing treatment, is a violation.

• Discussing patient cases or “gossiping” online: Publicly discussing patient cases, even without using names, can lead to unauthorized disclosures of PHI.

• Posting medical records: Sharing medical records or other documentation that contains PHI is a serious HIPAA breach.

• Accidentally capturing PHI in workplace photos: Posting selfies in a hospital setting where patient data on screens, charts, or monitors is visible in the background violates HIPAA and social media rules.

Real-life cases and consequences of HIPAA violations on social media

Several real-life cases highlight the severe consequences of HIPAA violations on social media:

• Texas Children's Hospital (May 2019): A nurse, identified as Ms. N, was fired after posting pictures of a patient's medical condition to social media, compromising the patient's privacy. This incident resulted in significant backlash for the hospital and the individuals involved.

• Kelly Morris TikTok case (2021): A former nurse, Kelly Morris, was dismissed from her job after posting TikTok videos joking about patient mistreatment. Even though she claimed the videos were comedic, the content violated patient privacy and resulted in her termination.

• Jackson Health (2021): A nurse at Jackson Health posted photos of a baby born with a birth defect on Facebook without consent. This led to an internal investigation and possible legal action, highlighting the importance of patient privacy even on personal social media accounts.

Source: The University of Rochester Medical Center – “Social Media: a HIPAA Danger Zone”

These social media HIPAA violation examples demonstrate that they can lead to job loss, significant fines, legal action, and damage to both personal and institutional reputations.  

Read also: GDPR vs HIPAA compliance: What's the difference?

Section 4: Understanding patient authorization rules

Besides  understanding what is considered PHI under HIPAA, it is crucial to be aware of the patient authorization rules. These rules must be part of any HIPAA-compliant social media policy, ensuring that healthcare organizations handle patient information responsibly when interacting on social platforms.

Other special considerations for social media and HIPAA

When handling PHI on social media, individuals need to be aware that posts containing their information may be shared, screenshotted, or republished, making it difficult to fully retract once shared.

If a patient revokes their authorization, healthcare entities may not always be able to comply due to prior reliance on the authorization, as covered by the Privacy Rule. This reinforces the need for a clear understanding of these core elements, ensuring that authorization is valid at the time it is signed.

Listen to: The Perks of Automating Audit

Section 5: Best practices for HIPAA-compliant social media use

Ensuring HIPAA compliance on social media requires clear guidelines and careful consideration. Here are essential tips for avoiding HIPAA and social media violations:

• Do not share PHI, even in de-identified formats: Any post that may reveal PHI, even if it appears to be de-identified, should be avoided. Photos, medical data, or personal information can inadvertently lead to HIPAA violations.

• Review social media posts before publication: Always have a designated individual or team review social media content for potential HIPAA breaches before posting. This practice ensures that no unauthorized information is shared.

• Establish clear social media policies for healthcare staff: Create and enforce comprehensive social media policies. Educate staff on what constitutes a HIPAA violation and how to use social media responsibly in the healthcare context.

By implementing these strategies, healthcare providers can minimize risks and maintain patient privacy in their online presence.

Section 6: Creating a HIPAA-compliant social media strategy

By adhering to the guidelines given below, healthcare organizations can protect patient privacy while leveraging social media.

Guidelines for drafting HIPAA-compliant content

• Do not share PHI: Ensure that no PHI, even de-identified data, is shared on social media. This includes images, videos, or patient-related details.
• Obtain consent: If sharing patient testimonials, images, or case studies, always obtain written HIPAA-compliant authorization from the patient.
• Use general language: When posting content related to healthcare, ensure it remains general and does not refer to specific individuals or their conditions.
• Review content: All social media content should be reviewed for HIPAA compliance by a trained staff member or legal counsel before publication.

Importance of training staff on HIPAA compliance in social media

• Regular training: Educate employees about the risks of social media and HIPAA use violations. Training should be regular and updated with any new regulations.
• Clear policies: Establish and communicate clear social media policies to all staff, emphasizing the consequences of violations.
• Monitor activity: Regularly monitor social media activity to ensure compliance and address any potential issues immediately.

Read also: What is the difference between SOC 2 vs HIPAA compliance?

Section 7: How can Scrut help you in being HIPAA compliant

Scrut simplifies compliance management by automating processes, offering real-time monitoring, and providing customizable workflows across frameworks like SOC 2 and HIPAA. Its integrated dashboard ensures continuous compliance and streamlines audits, empowering organizations to scale securely and efficiently.

Automated compliance management

Managing HIPAA compliance manually can be overwhelming. Scrut simplifies this by automating many of the labor-intensive compliance tasks. It tracks your compliance status, generates reports, and ensures that your processes are continuously aligned with HIPAA requirements. By reducing the manual effort, organizations can focus on higher-value tasks while remaining confident in their compliance posture.

Pre-built controls

Scrut offers pre-built, customizable controls that align with HIPAA standards. These controls provide a clear framework for implementing and maintaining compliant policies, saving your organization time in building these from scratch. The platform ensures that the policies and processes in place are well-documented and auditable.

Cloud risk assessments

Scrut helps you conduct regular cloud security risk assessments to identify vulnerabilities that could impact the protection of PHI. With HIPAA's stringent data privacy requirements, these assessments are critical to ensuring that PHI remains secure across all cloud environments.

Policy building

Scrut's Kai is an AI-driven tool that simplifies policy building and compliance management. It automates responses to security questionnaires, creates compliance frameworks, and suggests relevant controls. Kai's pre-built controls and continuous monitoring help organizations maintain HIPAA compliance with ease, reducing manual efforts.

Continuous monitoring

Scrut's continuous monitoring feature ensures that all systems remain compliant with HIPAA standards at all times. Any potential violations or breaches are identified in real time, allowing your organization to respond proactively to any risks before they escalate into serious compliance issues.

Streamlined audits

HIPAA audits can be daunting due to the extensive documentation required. Scrut automates audit readiness by keeping all necessary documentation organized and up-to-date. The platform simplifies the audit process by ensuring that all required reports, evidence, and controls are easily accessible, reducing the time and effort needed to prepare for audits.

Winding up

In conclusion, the rise of social media use within healthcare settings has brought significant challenges to maintaining HIPAA compliance. As demonstrated by recent cases, such as the New Jersey psychiatry practice, even seemingly small oversights, like responding to online reviews, can result in costly violations.

Healthcare providers must be vigilant, adopting clear social media policies, conducting regular staff training, and ensuring robust systems for compliance. By adhering to these best practices and leveraging tools like Scrut for continuous monitoring and compliance management, organizations can protect patient privacy and avoid the severe repercussions of HIPAA breaches.

Secure your patients' data with ease! Scrut's HIPAA compliance solutions offer automated controls, continuous monitoring, and audit-ready reports. Stay compliant, protect PHI, and minimize risks—all in one streamlined platform. Get started with Scrut today to simplify your HIPAA compliance journey!

FAQs

1. What is HIPAA's main rule regarding social media?

The most important rule under HIPAA for social media is that no content should include Protected Health Information (PHI) without explicit patient consent. PHI includes any information that can identify a patient, such as names, images, or health conditions.

2. Can healthcare providers share patient stories on social media?

Yes, but only if they have the patient's written consent. Otherwise, sharing any identifiable patient information, even de-identified in some cases, could lead to HIPAA violations.

3. What are some common HIPAA social media violations?

Common violations include posting patient images, discussing patient cases in a way that could reveal identities, and accidentally sharing PHI through background items in photos (e.g., patient records visible on a screen).

4. Are personal social media accounts subject to HIPAA?

Yes, even personal accounts are subject to HIPAA if healthcare providers or staff share any PHI or make posts that disclose patient information.

5. Are healthcare organizations allowed to use patient testimonials on social media?

Yes, but only if the patient provides explicit written consent. The testimonial must not disclose any PHI unless authorized by the patient.

6. What should healthcare workers do if they accidentally post PHI on social media?

If PHI is accidentally posted, the post should be immediately removed, and the incident must be reported to the compliance department for appropriate actions, including notifying the patient and authorities, if necessary.

7. Can a healthcare provider follow patients on social media?

It is recommended that healthcare providers maintain professional boundaries and avoid following or interacting with patients on social media to prevent accidental breaches of privacy or HIPAA violations.