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Managing Social Media Risks in Chiropractic Practices

June 2024

Reading time: 3 minutes

Social media is a ubiquitous influence in nearly all areas of industry, including healthcare. Because of social media’s popularity and proliferation, many healthcare organizations have embraced these technologies for marketing, advertising, and patient education and engagement. Leveraging social media for these purposes can be beneficial, but it also presents various challenges and risks.

Using this checklist may help chiropractic practices focus on important risk management considerations whether they are already using social media or planning to implement a new policy.

Communication	Yes	No
Has your practice considered its social media strategy, including the goal of the communication (e.g., education, advertising, etc.), the target audience, and the types of information it will promote?
Does your practice have an approved policy or set of detailed policies regarding the use of electronic communication, including social media and email?
Does your practice include staff members in the initial planning and drafting of social media policies to help identify and assess potential issues?
Does your practice provide training on social policies, including discussions about the potential risks and liability issues associated with social media?
Does training on social media policies occur during new employee orientation and as part of ongoing staff education?
Do your practice’s social media policies specify who is authorized to develop or curate content to post on social media?
Does your organization have a detailed plan for content review and approval prior to posting on social media sites?
Do content developers and reviewers ensure that any content that is posted on any social media sites does not contain identifying information (including photographs and testimonials) without patients’ permission and written consent?
When requesting patients’ permission and written consent to post identifiable information on social media sites, does your organization explicitly describe it plans to use the information?
Has your practice appointed someone who is familiar with HIPAA and state privacy regulations to review social media content to ensure it does not violate patient privacy and confidentiality?
Have chiropractors and staff members been trained on what types of information and personal identifiers are considered protected health information under HIPAA and state privacy laws, and are they educated about the consequences of violating these laws?
Are real-life examples to illustrates intentional and inadvertent privacy breeches included in the training for providers and staff members?
Do chiropractors and staff members sign confidentiality agreements acknowledging their duty to maintain patient privacy?
Does your practice keep signed copies of confidentiality agreements in each employees personnel file?
Do your practice’s social media policies include disciplinary actions for policy violations, and are these actions consistent with other patient privacy and confidentiality policies?
Are chiropractors and staff trained on the appropriate method for reporting inappropriate use of social media?
Does your organization include standard disclaimers and disclosure statements with electronic interaction?
Has your practice outlined the appropriate steps for monitoring online presence and managing negative online reviews or comments from consumers, patients, and employees?
Are chiropractors and staff members aware that responding to a patient post or review on a social media site might violate laws and result in disciplinary actions?
Do chiropractors and staff members understand the technical limitations and terms and conditions of any social media sites that they plan to use? For example, information sent via messaging functions is likely not encrypted, and the site might maintain the right to access any personal information.
Do the practice’s existing information technology security policies and procedures cover social media use?
Does the practice have policies that are flexible and adaptable to new or changing social media technologies to avoid the need for constant updating?
Has the practice incorporated social media activities into risk assessment and quality improvement initiatives?

Resources

For more information on this topic, see MedPro’s Risk Resources: Social Media in Healthcare.

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This document should not be construed as legal or medical advice and should not be construed as rules or establishing a standard of care. Because the facts applicable to your situation may vary, or the laws applicable in your jurisdiction may differ, please contact your attorney or other professional advisors if you have any questions related to your legal or medical obligations or rights, state or federal laws, contract interpretation, or other legal questions.

MedPro Group is the marketing name used to refer to the insurance operations of The Medical Protective Company, Princeton Insurance Company, PLICO, Inc. and MedPro RRG Risk Retention Group. All insurance products are underwritten and administered by these and other Berkshire Hathaway affiliates, including National Fire & Marine Insurance Company. Product availability is based upon business and/or regulatory approval and may differ among companies.