OCR Pursues Impermissible PHI Disclosures After Negative Reviews

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) continues to receive and respond to complaints about healthcare providers disclosing their patients’ protected health information on social media or on the internet in response to negative reviews.

OCR recently announced a settlement with New Jersey-based Manasa Health Center LLC, which provides adult and child psychiatric services. The settlement resolves a complaint received by OCR in April 2020, alleging that Manasa Health Center impermissibly disclosed the protected health information of a patient when the entity posted a response to the patient’s negative online review.

Following an OCR investigation, potential violations of the HIPAA Privacy Rule include impermissible disclosures of patient protected health information in response to negative online reviews, and failure to implement policies and procedures with respect to protected health information. Manasa Health Center paid $30,000 to OCR and agreed to implement a corrective action plan to resolve these potential violations.

“The HIPAA Privacy Rule expressly protects patients from this type of activity, which is a clear violation of both patient trust and the law. OCR will investigate and take action when we learn of such impermissible disclosures, no matter how large or small the organization, said OCR Director Melanie Fontes Rainer, in a statement.

OCR opened an investigation in response to a complaint by a patient alleging that Manasa Health Center posted a response to the patient’s negative online review that included specific information regarding the individual’s diagnosis and treatment of their mental health condition. In addition to the patient who filed the complaint, OCR’s investigation found that Manasa Health Center impermissibly disclosed the protected health information of three other patients in response to their negative online reviews. OCR’s investigation also found that Manasa Health Center failed to implement HIPAA Privacy policies and procedures.

In addition to the monetary settlement, Manasa Health Center will undertake a corrective action plan that will be monitored for two years by OCR to ensure compliance with the HIPAA Privacy Rule. The corrective action plan includes the following steps:

• Develop, maintain, and revise its written policies and procedures to comply with the HIPAA Privacy Rule,
• Train all members of Manasa Health Center’s workforce, including owners and managers, on the organization’s policies and procedures to comply with the HIPAA Privacy and Security Rules,
• Within 30 calendar days of the agreement, Manasa Health Center shall issue breach notices to all individuals, or their personal representatives, whose protected health information is disclosed on any internet platform without a valid authorization, and
• Within 30 calendar days of the agreement, Manasa Health Center shall submit a breach report to HHS concerning individuals whose protected health information is disclosed on any internet platform without a valid authorization.