Page 30 - Leisure Living Magazine Holiday 2016

Communicate With Your Doctor
Continued from page 29
Q: Why won’t my physician reply to emails or direct messages or “friend” me on Facebook? A: The federal Health Insurance Portabili- ty and Accountability Act (HIPAA) privacy reg- ulations forbid healthcare providers (and their employees) from using or disclosing patient in- formation without authorization, except for cer- tain legitimate purposes, such as patient treat- ment. HIPAA protects patient information in all forms—electronic, “paper,” and verbal. Health- care workers cannot talk about their patients us- ing protected health information outside of work. Unless you give your physician written permis- sion to disclose your specific information, social media postings may give rise to legal claims such as invasion of privacy, intentional infliction of emotional distress, etc. Because violations of pa-
tient privacy can have serious legal consequences for health care providers, most choose to limit the platforms they will use to communicate with patients about personal health information. This is also why healthcare providers refrain from re- sponding to patient-specific complaints about service or care on review sites such as Yelp or An- gie’s List.
Q: What are some improper uses of social media by healthcare providers?
A: It would be improper for your physician, on her blog, to refer to you by name and indicate you are her patient or describe details of your care, or for a medical student to film a surgery with the patient’s face clearly visible and then post the vid- eo on YouTube, or for a nurse to post on her Face- book page that she had treated a “cop killer” the day following news accounts naming the accused shooter and the hospital where he was treated. Health care workers are usually disciplined or terminated for these actions and could lose their license to practice. The hospital or health care practice can be investigated and fined.
This “Law You Can Use” column was provided by the Ohio State Bar Association (OSBA). It was pre- pared by Nancy P. Gillette, General Counsel at the Ohio State Medical Association. Articles appear- ing in this column are intended to provide broad, general information about the law. This article is not intended to be legal advice. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.
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