Did you know your response to a negative review from a disgruntled patient or family member could be a violation of Health Insurance Portability and Accountability Act (HIPAA)? There is no HIPAA exception that allows a health care provider to disclose a patient’s protected health information (PHI) in response to a negative review. HIPAA generally prohibits dentists (and all health care providers) from using or disclosing a patient’s PHI without his or her consent. As a reminder, PHI includes information that “relates to the past, present or future physical or mental health or condition of an individual [or] the provision of health care to an individual, and … that identifies the individual, or with respect to which there is a reasonable basis to believe the information can be used to identify the individual.” (45 CFR 160.103) This means that posting any information that identifies someone as your patient violates HIPAA, even if specific medical information is not posted or disclosed.
The next question is, “How can I respond to a negative review?” Our first piece of advice is to just ignore it and try to generate more positive reviews to offset the negative one. In addition, you could reach out to the patient to try and resolve the problem. Usually, when someone posts a negative review, they are frustrated and want their voice to be heard. If you can resolve the situation, you may be able to convince the patient to take down the negative review. And even if you cannot resolve the issue, ask the patient to give you a HIPAA-compliant authorization that would allow you to respond appropriately to the negative review.
Now, we know ignoring a post is not going to sit well with some of you! If you feel you must respond, it should be generic. Your response cannot confirm that the patient received care at your office. Instead, you could describe your general practices and policies and then ask the disgruntled person to contact your office to discuss things further. It goes without saying that if you do respond, take a deep breath before doing so to calm down and be polite, professional and sensitive to the disgruntled person’s perspective.
To read more on negative reviews, check out a past “Chew on This” at vimeo.com/556207196.
The dental profession is a commitment to lifelong learning. After years of school and finally graduating, many dental professionals begin practicing in the “real world”, where they quickly learn that what they learned in dental school or even in residency only scratches the surface of the many challenges in dentistry. These include patient management, clinical skills and assessment, restorative materials, technology, techniques, practice management, team management, specialist communication and support, and the list goes on. Needless to say, dental professionals have to continually grow and learn as a commitment to excellent patient care and in order to be able to stay abreast of the ever-evolving field of dentistry.
As the population ages, patients are retaining their dentitions longer and many patients are missing multiple teeth and/or have a plethora of dental issues. Many of these patients have the financial means and desires to be able to eat, smile and function properly and are now presenting to offices looking for solutions to their complex dental situations.
One of the best “teachers” in dentistry is when patient and/or clinical situations arise that challenges the dental professionals’ abilities to be able to properly diagnose and manage the patient, especially ones that have more complex situations. It is at these times the dentist can choose to either refer the patient to a more experienced practitioner, or depending on the situation, to one or more specialists.
One of the key elements is that the practitioner must learn to be able to identify these situations in a timely and proper manner so that there are no adverse effects on the patient’s overall care and clinical outcomes. Ultimately, the practitioner must be able to at least identify these clinical challenges and if referring, be able to communicate effectively to the referral source. For some clinicians, they choose to further their knowledge in clinical care so that they can either participate more in their patient care directly and/or become more effective in communicating with the specialists.
When it comes to clinical dentistry, we only “see” what we “know”. In other words, when we all first began dental school, we all learned how to diagnose gum disease and what caries/decay “looked like” and after seeing these conditions multiple times and then having a more experienced clinician confirm what we were seeing, we could now confidently “see” and diagnose caries/decay and periodontal disease more effectively. Unfortunately, dental conditions that affect our patients are not as simple as having caries and periodontal disease.
Many patients have complex conditions including: systemic/medical issues, temporomandibular joint(TMJ) disease, sleep issues, airway problems, poor jaw relationship, multiple missing teeth, occlusal problems, wear, bruxism, mouth breathing, muscle pain and the list goes on.
In dental school and even in residency, dental professionals are limited to time and experiences with the patients that they see during that time period as well as to the experiences of their supporting colleagues.
As a dental practitioner, if you saw one or more of these conditions or issues with a patient, would you know how to properly diagnose and manage the patient and not just simply pass the patient on for someone else to “deal with”?
Patients with complex issues require dental professionals to be willing and able to learn more about a variety of patient conditions and how they can properly diagnose and manage the patient, including proper referral. This includes developing relationships with other dental professionals and specialists who can help manage and care for these patients who have complicated conditions.
For instance, even if a dental professional has no desire to do orthodontics on their patient population and would refer the patient for orthodontic treatment, the practitioner still needs to understand the basics of malocclusion and jaw relationship issues, so they identify the condition and refer the patient appropriately along with any concerns of the patient and/or conditions and concerns the practitioner are aware of.
Management of a patient is not simply treating that patient in and by itself and it is not just simply referring the patient out. It is the art and science of: getting to understand and know your patient’s concerns, conditions and the patient’s understanding/ownership of their condition; determining if you and your team are the right “fit” for the patient; gathering proper records; identifying the issues at hand; communicating with a team of professionals when needed(interdisciplinary care); and then determining who, where and how the patient will be best managed, whether with you or someone else, with the patient at the center of it all. Dr. L.D. Pankey referred years ago to a process that he called the cross of dentistry: Know Yourself, Know Your Work, Know Your Patient, Apply Your Knowledge.
In summary, dental professionals have to be willing to commit to learning outside of school and their offices. This involves time, commitment and willingness to learn and be influenced by others and to become a continual student throughout their career. In my FDC2024 courses titled: “Bridging The Gap”: Between What We Know and What We Do” and “Mastering the Examination and Treatment Planning of the Complex Restorative Patient”, I will be sharing 20 + years of clinical and educational experience working alongside some of the most influential educators in dentistry so participants can return to their offices and “see” patients and patient care on another level.
Dr. Lineberry will speak on this topic at the 2024 Florida Dental Convention on June 20-22 in Orlando. You can find more information on his courses at www.floridadentalconvention.com.
You never think it will happen to your practice till it happens to you. What happens to a reactive practice when they’re impacted by a data breach?
Reactive Compliance: Are You at Risk?
One of the most common, yet dangerous, fallacies is that something could never happen to you. This misguided belief can be detrimental to your practice. For compliance, it is imperative to be proactive, ensuring everything is safe and secure before any issues arise. Investing in compliance software, IT support, and cybersecurity insurance is vital. It’s cheaper than scrambling later. Protect your reputation, empower your team, and streamline processes. Recovering from breaches is expensive, involving investigation fees, legal battles, and potential fines. Reactive efforts often lead to scrambling, incurring even higher costs. Reacting to issues often relies on manual and time-consuming workflows, hindering overall efficiency and effectiveness. The damage to your reputation also impacts all of your future opportunities. The consequences of reactive compliance are severe and can be seen in our case study.
What Happened?
So, what happened? Well, Abyde reached out to a practice to educate on HIPAA requirements for over a year. Abyde also attempted to meet with the practice at in-person events. The practice’s owner and doctor refused to review HIPAA requirements with Abyde, believing that the binder the practice used was sufficient to be compliant. Believing that their outdated form of compliance was enough and that their medical practice would not experience a breach was detrimental. Flash forward, and the practice experienced a ransomware attack at the beginning of 2024. As expected, the outdated compliance binder provided minimal support for this practice to navigate the aftermath of a breach. In the wake of a data breach, every second counts. The clock starts ticking on lost revenue, productivity and patients. You risk hemorrhaging sensitive information, eroding trust, and hindering internal operations. The practice now is facing an arduous task ahead, having to rebuild its operations while also seeing patients. The foundation of a compliant practice includes documentation like a Security Risk Analysis (SRA), data breach notifications, an incident response plan, breach risk assessment and training, and more. While no one is completely immune to a breach, your compliance software and IT support can minimize the impact the breach has on your practice. If this practice proactively addressed its compliance efforts, the impact of this ransomware attack could be minimized and handled quickly, allowing the practice to focus on what’s the most important: providing quality care.
What Can I Do?
As said, preventing breaches entirely is unrealistic, but recovery from a breach is in your hands. By proactively utilizing compliance software, like Abyde, having IT support, and cybersecurity insurance, you can mitigate the harmful impacts of a breach. After a breach, swift recovery is critical to minimizing the impact on your entire operation. Thankfully, Abyde is here to help you proactively establish a robust compliance program before risk incidents occur. Abyde offers a simple solution with our revolutionary software, saving you countless hours with our resources. Our software includes an intuitive SRA, dynamically generated policies and procedures for your practice, training, compliance expert support, and much more. With Abyde, your organization can be prepared for risks, and handle them with ease with the help of our software and team of experts. By proactively using compliance software, you pave the way for a culture of excellence that empowers your employees and protects your reputation and patients. Want to learn more about how Abyde can help your practice achieve compliance? Visit us at Abyde.com or send us an email at info@abyde.com.
By Carrie Millar, Director of Insurance Operations, Florida Dental Association Services
As hurricane season looms over Florida, casting a shadow of uncertainty, dental practices find themselves at a crossroads. Amidst the anticipation of turbulent weather, a persistent misconception lingers: “I don’t need flood insurance.” Yet, this myth crumbles under scrutiny in the Sunshine State’s tumultuous climate, where storm surges and torrential rains threaten to inundate even the highest ground. Now, more than ever, as hurricane season bears down upon us, dental practices must heed the call to secure flood insurance, recognizing it as an essential shield against the unpredictable forces of nature.
Myth 1: My office package insurance will cover flood.
Ah, if only it were that simple. While your office insurance might safeguard against many perils, it won’t hold water against floods. Flood insurance is a separate policy designed explicitly to protect your practice from the ravages of external rising waters.
Myth 2: My office is on high ground.
Yes, Florida boasts some elevated spots, but don’t let that fool you. The Sunshine State is known for turning even the driest corners into waterlogged landscapes during storm seasons. Remember the countless floods that have swept through Florida in the wake of past hurricanes? No dental practice is an island when it comes to the threat of flooding.
Myth 3: I don’t own the building; I don’t need coverage.
Think again. Just because you’re not the landlord doesn’t mean your business property is immune to flood damage. Your dental equipment, furnishings, and valuable assets are all at risk when the waters rise. You could be left high and dry without proper coverage, facing significant financial losses and operational setbacks. In Florida, where flood risks loom large, dental practices must heed the call to protect their livelihoods. Flood insurance isn’t a luxury; it’s a lifeline in the face of nature’s unpredictable wrath. So, let’s dispel these myths once and for all and ensure our dental practices stand strong, come rain or high water. Click here to get a quick quote or call/text FDA Services at 850.681.2996.
Beyond the Bite 