Summer offers an almost-unlimited number of picture-perfect photo opportunities. Heck, we even have TWO specialty days this month devoted exclusively to capturing those special moments – first, we had #NationalSelfieDay, then finish up June with #WorldCameraDay! And considering most people now walk around with high-tech digital cameras in their pockets, snapping those Insta-worthy shots is quick and easy…and has become an automatic action for so many people. Yet, that simple action – over in a few seconds – for medical professionals can open a can of worms it may take YEARS to clean up!
SAY WHAT?!? Yep…those new smile selfies CAN result in an avalanche of HIPAA violations! And it’s not just for dentists. Cosmetic medical procedure patients may want to show off their “improvements” with the office staff. Or ER docs may have patients documenting the extent of their injuries while in your facilities. All – yes, ALLLLL – of these seemingly innocuous situations could represent major privacy infractions. And they carry some hefty penalties!
Other patients, an open schedule, a glimpse of a medical record, and a number of other “No-Nos” that might accidentally be captured in a quick photo constitute HIPAA violations. The unfortunate MCNA data breach brought this issue to the forefront, and put government inspectors on high-alert for ANY privacy violations…and that means YOUR practice! And, that’s not the ONLY “chum” in the water.
As the MCNA breach gains public notoriety, the legal “sharks” have already begun to circle, as TDMR (Texas Dentists For Medicaid Reform) details:
The number of privacy law firms “investigating” MCNA for its massive data breach is growing exponentially.
Here are just a few of the announcements made since our last article.
Silver Golub & Teitell LLP Investigates MCNA Dental Data Breach Class Action Lawsuit Claims
Emerson Firm Investigates MCNA Dental Data Breach
Seeger Weiss is investigating claims of data breach involving Managed Care of North America
TDMR has received calls and emails
TDMR has also received a few calls and emails from people who have received letters from MCNA about the breach. We have referred them to our previous article on who to contact.
These people are seriously at risk as reports state that identity theft from a data breach happens to about 65% of victims.
Texas HHS-OIG notice
Texas HHS-OIG posted a lacklustre notice on their website yesterday about the breach. It just refers potential victims to MCNA.
All it takes is just ONE patient who had their privacy violated to open the door to a government agency, law firm, news media, and compounding fines feeding frenzy! And, unfortunately, YOU are the entrée! In the meantime, skip the selfies and cameras in clinical areas, and consider having a compliance expert (for instance, someone like one of our WellDent team) do an on-site visit to spot those potential “cans of worms” so you can avoid the costly consequences. After all, photographic memories may last a lifetime, but the dealing with the consequences can FEEL like a lifetime!