Lexology February 8, 2023
Social media’s interplay with healthcare privacy presents a constantly evolving challenge. ICYMI (“in case you missed it”), there is an uptick in enforcement and scrutiny IRL (“in real life”) related to communications through social media and other public platforms by entities subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
Just as consumers can post or search reviews for anything from vacuum cleaners to egg rolls, they can also vet healthcare on social media sites. Given the personal nature of healthcare, patients often share their appreciation or displeasure with providers. From the regulated entity perspective, however, they are at a disadvantage in responding to communications on social media sites due to HIPAA and state data privacy laws.
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