We are all familiar with those clear-cut HIPAA violations we need to avoid, but what about those situations that might be in that grayer area like responding to online reviews, computer hacks, and social media oversights?
We were able to gather three of the aesthetic industry’s top legal minds to discuss five of those real-life situations that saw (sometimes) honest mistakes turn into HIPAA disasters. During this 60-minute webinar, Jeff Segal, MD, JD, FACS (Medical Justice), Bob Aicher, Esq. (ASAPS Legal Counsel), and Michael Sacopulos, JD (Medical Risk Institute) discussed the best ways for you and your practice to limit these liabilities. Etna’s own Ryan Miller served as the moderator for this session.
*At the video’s 33-minute mark, you’ll hear Ryan refer to a template Jeff Segal has created that serves as a consent to use photos, videos, and digital images. You can download a copy of that document plus a testimonial release form from Jeff below.[release-forms]
A better solution to the problem of misappropriated Patient Lists is a policy that ALL staff members in an aesthetic practice sign Non-Disclosure Agreements (NDA’s) and Non Solicitation Agreements (NSA’s). This is especially true where Aestheticians and Licensed Massage Therapists may have access to clients and patient lists. Conduct exit interviews with a review of the signed legal documents to clarify expected post employment behavior. We have found this reduces the likelihood of directly soliciting patients to a new practice or provider location. It is best to have these agreements in place at the outset of hiring. ‘An ounce of prevention is worth a pound of cure,’ as they say.
Patient privacy remains in the headlines. Check out this recent story:
“A former Clovis resident who sued her Fresno plastic surgeon after photographs of her breasts surfaced on the internet was awarded just $18,000 in damages Monday by a Fresno County Superior Court jury.”