ECRI Institute members often ask for strategies to handle two concurrent concerns when patients complain on social media: how to respond without violating the Health Insurance Portability and Accountability Act (HIPAA) privacy rule, and how to mollify providers who may have been personally criticized and feel frustrated if the health center does not respond.
As a first step, ECRI Institute recommends that practices develop a policy for responding to social media complaints before any are known. This policy, created with input from the organization's counsel, can guide actions and limit the risks an organization may incur by responding off-the-cuff to such complaints.
The policy should, among other things, identify a single individual or group who will be responsible for reviewing and responding to complaints. All other employees and volunteers should know that the only action they should take if they become aware of a complaint on social media is to bring the complaint to the attention of those designated individuals, regardless of their indignation or urge to respond. Policy and the advice of counsel should direct staff and volunteers to avoid responses in the heat of the moment that could not only violate the patient's privacy but also escalate and inflame the situation.
The best response will often be to identify the individual who complains, if possible, and invite him or her to come to the health center to discuss the concerns privately. These situations can then be handled consistently with the organization's existing complaints policy.
When complaints on social media are particularly egregious, but the practice is unable to respond publicly, providers may express frustration at the lack of response, particularly if they are named personally in the complaint. Providers may feel that their integrity is being undermined and that the health center's lack of response further harms their professional reputations.
In these situations, risk managers should arrange discussions between the affected providers and the organization's counsel. In these meetings, providers can express their concerns in a private setting, and counsel can present evidence of the consequences the provider and health center could face if they were to respond to the complaint on social media. Providers who understand the importance of collecting evidence before making decisions will often acknowledge that the least harmful response may be no response at all, limiting the exposure of all concerned and letting the complaint subside.
For more information, see the webinar Responding to Patient Feedback and the guidance articles Social Media in Healthcare and The HIPAA Privacy Rule.
The recommendations contained in Ask ECRI do not constitute legal advice. Facilities should consult legal counsel for specific guidance and develop clinical guidance in consultation with their clinical staff.