HIPAA for Dental Practices: Avoid the Most Common Fines

June 26, 2024

Did you know that as of 2023, less than half of dental offices in the United States are fully HIPAA compliant? 

Dentists play a crucial role in maintaining oral health and ensuring the safety of their patients’ Protected Health Information (PHI). Although HIPAA regulations can be complex, it’s essential to understand and comply with them to protect your dental practice and patients. This article explores the most common HIPAA fines for dentists and how you can manage them.

Right of Access

Under HIPAA, patients can access their medical records within 30 days of the first request and should not be charged unreasonable costs. Dentists have been fined several times for violating this right.

A practice in Georgia took over a year to provide a patient with her medical records after she refused to pay a $170 copying fee. This incident violated the 30-day timeline, and the fee was also deemed unreasonable, resulting in a fine of $80,000. 

To uphold a patient’s right to access their medical records, it’s vital to manage record requests promptly and organize them. It’s also essential to avoid charging excessive fees for accessing these records. If you’re unsure about what would be considered a reasonable fee, the OCR has issued guidance suggesting a flat fee of a maximum of $6.50 for accessing records.

Social Media Usage

On top of managing your practice’s reputation in person, you have to manage it online. Online reviews are a shared resource patients use while selecting a new dentist. 94% of patients use online reviews while choosing a new medical provider. However, while managing your online presence, you must be HIPAA compliant. This means not sharing any of your patient’s PHI in reviews.

A dental practice in North Carolina was fined $50,000 for improperly sharing a patient’s PHI online in response to a negative review. The practice shared significant PHI about the patient, which discredited the original review. No matter how inaccurate or false a review may be, sharing a patient’s PHI online is never justifiable.

Keeping responses short and sweet is essential to avoid making a social media mistake. Even if someone has shared information in their review, you can’t mention that they are a patient at your practice. It’s essential to use a brief and general response while navigating HIPAA.

If you receive a negative review, it’s crucial to stay calm. Getting upset for a few seconds isn’t worth facing thousands of dollars in fines. Next, take the conversation to a private channel. Respond to the comment with HIPAA-compliant communication, such as providing a phone number or encrypted email to further discuss the patient’s experience.

Cybersecurity Access 

In our technology-driven world, most, if not all, dental practices utilize technology to create and store patient data. In recent years, cybersecurity concerns and hacks have infiltrated the healthcare system, with hacking causing 77% of large breaches. 

Controlling and training staff on technology use is vital for protecting your practice. In a rare case, a HIPAA violation resulted in jail time for an employee at a dental practice. This employee, a receptionist, abused her access to PHI, stealing patients’ identities and making significant purchases with them. She was sentenced to two to six years in prison for her crime. 

Encrypt and secure information properly to avoid cybersecurity-related fines. Additionally, assign roles and access to employees individually, with every employee having their own login. Periodically review employee access and activity to ensure technology is being used correctly. 

How Software Can Help

There’s a better way to simplify the compliance process for your dental practice. Software offers the ability to streamline your administrative tasks, saving you time and letting you focus on taking care of your patients. Automated and dynamic software helps you be proactive in avoiding these common mistakes, pinpointing your vulnerabilities, and resolving them effectively.

Schedule a consultation here to learn more about how Abyde’s intelligent solutions can help create a culture of compliance and protect your practice. 

 
 

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