A hospital in California will fire 5 employees and discipline another because they posted information about patients on social media sites.

An ongoing investigation at Tri-City Medical Center in Oceanside “has not yet identified any evidence that patient names, photographs, or similar identifying information was posted by these employees,” according to a statement from Larry Anderson, CEO. “But our investigation yielded sufficient information to warrant disciplinary action.”

A hospital spokesman declined to provide any further details. Under the HIPAA privacy rule, which was toughened by the HITECH Act, patients must give permission for their private information to be disclosed.

The California Department of Public Health is conducting an investigation of the incident, a spokesman confirmed June 8, declining to provide further details. The incident involved posting information on Facebook, according to a report by KNSD, the NBC TV affiliate in San Diego.

To help prevent similar incidents, Anderson said the hospital is “re-emphasizing, through employee training and education, the hospital’s and the employees’ ongoing commitment and obligation to protect our patients’ privacy.”

Social media does play an important role in marketing in today’s world. It is important that you have a policy in place that identifies who can use social media sites and how it will be used. It is also beneficial to set up some searches for things you will track. This can easily be done in Google reader or on Twitter. Companies need to be aware of what their employees are putting on social media sites as well as what is being said about the company on these sites.

Incidents like the one above should be considered security threats and dealt with swiftly. Don’t let your company be one who ends up in the middle of an investigation because your staff doesn’t have guidance. Be sure the new world of social media is covered in your policies!

The healthcare industry often uses portable devices for the storage and transmission of protected health information. I find it concerning to hear many of the people I speak with thinking that because they use a jump drive or an external hard drive to store patient information, they are compliant. It simply isn't true.

The HITECH Act now specifically says that information must be encrypted during transmission AND at rest. That means all of the patient information you are storing on any kind of portable device must also be encrypted. In the publication by OCR of breaches, you will find a good many of them are as the result of theft or loss of a laptop or jump drive.

In a recent conversation I had with a transcription service owner, who is a business associate and thus subject to these new laws, the response to the above information was "well, the customers don't care so I can't be responsible for it." If you read the laws, you realize this is not the case and that business associates are held to the same standards as the covered entity. In addition, you are responsible for the actions of your subcontractors. Simply "telling them to use an external drive for storage" doesn't relieve you of that responsibility.

Simply storing things on an external drive without encryption isn't good enough. Be sure you are not caught in this situation. If you are audited, it could mean monetary penalties and fines for you.