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HIPAA Violations on Social Media: Employee Responsibilities and Hospital Liability

Presented by Mark R Brengelman
Duration - 60 Minutes

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Description

Social media has become a major risk area for healthcare organizations when it comes to HIPAA compliance. Employees often share workplace experiences online without realizing that even minor details can expose protected health information (PHI).

Hospitals and healthcare providers can be held liable for employee actions, even when posts are made from personal accounts. Understanding the risks, rules, and compliance requirements is essential to prevent violations and avoid penalties.

What is a HIPAA Violation on Social Media?

A HIPAA violation occurs when protected health information (PHI) is disclosed without authorization.

On social media, this includes:

  • Posting patient details
  • Sharing images from clinical areas
  • Discussing cases publicly

Even indirect identifiers can expose patient identity.

Common Social Media HIPAA Violations

1. Posting Photos or Videos

  • Patient faces, wristbands, or charts visible
  • Screens showing medical data

Even background details can cause violations

2. Sharing Patient Stories

  • “Interesting case” posts
  • Rare conditions

Patients can be identified through context

3. Responding to Reviews Online

  • Confirming someone is a patient
  • Sharing treatment details

This has led to fines and penalties

4. Using Personal Social Media Accounts

  • Posting after work hours
  • Sharing workplace experiences

Still considered a violation if info comes from the job

Hospital Liability for Employee Actions

Healthcare organizations are responsible for:

  • Training employees
  • Enforcing policies
  • Preventing unauthorized disclosures

If an employee violates HIPAA:

  • The hospital may face fines
  • Legal consequences
  • Reputational damage

How to Prevent HIPAA Violations

Create a Strong Social Media Policy

  • No patient information sharing
  • Clear posting guidelines

Train Employees Regularly

  • Identify PHI
  • Understand risks

Restrict Photography in Clinical Areas

  • Avoid accidental exposure

Monitor and Enforce Compliance

  • Apply penalties for violations

Best Practices for Healthcare Staff

  • Never post patient-related content
  • Avoid discussing cases online
  • Do not respond to patient reviews with details
  • Use official channels for communication

Learn how to avoid costly HIPAA violations and protect your organization from liability.

Learning Objectives

The areas covered in this session include these learning objectives:

  • Basics of HIPAA privacy as applied to hospitals and employees
  • Examples of social media hipaa violations by health care workers
  • A detailed analysis of court cases involving hospital liability for employee HIPAA social media violations
  • Employment best practices for social media rules
  • Consequences for hipaa violations on social media
  • Basic tips and techniques to defend yourself from liability.

Background

  • HIPAA privacy and security in a health care setting
  • Duties and obligations of employees using social media under HIPAA
  • Legal actions against hospitals for their employee’s HIPAA violations

Why Should You Attend

This webinar examines the role of social media violations by employees of health care facilities, here a hospital. More importantly, how and when may a health care facility be liable for HIPAA violations of its employees?

Erase the fear, uncertainty, and doubt about how a hospital may – or may not – be liable for HIPAA violations by its employees.

Find out how two similar legal cases in state court involving hospital employees’ HIPAA violations can have quite different outcomes.

Who Should Attend

  • HIPAA privacy officers
  • Medical records workers
  • Health care attorneys
  • Healthcare Professionals
  • Nurses and Clinical Staff
  • Compliance Officers
  • Hospital Administrators

Faqs

Can healthcare employees post about patients on social media?

No, unless properly authorized under HIPAA.

Is it a violation if no name is mentioned?

Yes, if the patient can still be identified.

Can hospitals be liable for employee posts?

Yes, organizations can face penalties for employee violations.

What happens if HIPAA is violated?

Fines, termination, and legal action may occur.

Are personal accounts safe to use?

No, HIPAA applies regardless of account type.


Speaker

Mark R Brengelman

Mark holds Bachelor’s and Master’s degrees in Philosophy from Emory University and a Juris Doctorate from the University of Kentucky.

Retiring as an Assistant Attorney General, he now represents:

  • Healthcare professionals
  • Two government healthcare licensure boards
  • A government ethics commission
  • Parents and kids in confidential child abuse and neglect cases, termination of parental rights, and adoption proceedings

Mark is a frequent continuing education presenter including national organizations around the country.  He helps his clients navigate the law and ethics and make the rules understandable as applied to them.

Mark has worked for all three branches of government.