HIPAA prohibits healthcare staff from sharing forms of patient data on their personal social media accounts.
HIPAA and social media
In healthcare organizations, social media is often used as a marketing tool to distribute information and increase new patient intake. The use of protected health information (PHI) in this context is governed by Section 164.502 of the Privacy Rule which requires its protection and the restriction of unauthorized disclosure. Healthcare organizations therefore need to ensure any social media content does not reveal identifiable patient information without explicit consent.
However, there is no permissible use of PHI on healthcare staff’s personal accounts. Sharing patient information on platforms like X or TikTok risks patient privacy and can lead to serious consequences for both the staff member and the organization.
Common violations on staff personal social media
An example of the consequences of improper use of social media in healthcare staff is found in a study published in the Journal of Nursing Regulation, “Nurses have been terminated from their places of employment as a result of unprofessional or inappropriate comments or opinions shared through Facebook posts, Tweets, TikTok videos, and other social media interactions.”
Examples of the common causes of violations include:
- Posting anecdotes about patient experiences that could reveal identities, even when names are omitted.
- Discussing specific patient’s cases in comments on social media posts.
- Broadcasting work activities or procedures live on social media without considering patient privacy.
- Accidentally tagging patients or colleagues in posts or photos.
- Sharing imagges or updates from the workplace that include identifiable patient information.
- Expressing frustrations or concerns about specific patients in public forums like Reddit.
- Accepting friend requests or interactions with patients on social media accounts.
- Sharing jokes or memes related to patient care or medical scenarios that could inadvertently identify individuals.
Best practices
- Use scenario-based training and case studies during training sessions to illustrate potential HIPAA violations related to social media use.
- Create social media use agreements for staff to sign or integrate terms for using personal social media into their contracts.
- Implement a content approval process for any work-related social media posts, requiring preapproval from designated compliance officers.
- Offer workshops on managing digital footprints, teaching staff to assess their online presence and remove any potential compromising content.
- Create anonymous channels for staff to report observed violations or unsafe social media practices.
- Conduct mock drills simulating a social media HIPAA breach to practice staff response protocols.
- Send staff updates and reminders on safe practices on social media through convenient means like HIPAA compliant email.
FAQs
What is the unauthorized access?
When someone gains access to patient information without permission or valid reason.
How often should training be renewed?
It should be renewed annually.
What are the consequences of sharing patient information through social media?
It can lead to disciplinary action, civil monetary penalties (depending on the severity) or/and civil litigation.