First few Article Sentences
Employees’ social media use can cause significant liability for healthcare providers who are subject to the Health Insurance Portability and Accountability Act (“HIPAA”). When posting to social media, the lines between what is personal and professional are often blurred, especially when employees develop close relationships with their patients. The Office for Civil Rights’ (“OCR”)1 increased enforcement of HIPAA during the past few years makes it even more critical that health care organizations ensure they are addressing the risks associated with their employees’ social media use because such disclosures would likely constitute breaches requiring notification to both the patient and OCR. This article focuses on health care providers’ liability under HIPAA, but providers must also consider various state laws and employment issues when addressing employees’ social media use.