HIPAA Privacy Violations for Employee Social Media Posts: How You Can Be Liable*
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- Member - $60
- Resident Member - $60
- Allied Staff Member - $60
- Professional Staff Nonmember - $120
- Other Nonmember - $120
- Practice Management CE Subscriber - Free!
- CE Subscriber (Clinical & PM) - Free!
Employment remedies for healthcare workers who violate HIPAA privacy are straightforward: they are typically fired. But what about employer liability? This session will review the basics of HIPAA privacy for covered entities and healthcare employees, including standard social media rules and examples of HIPAA violations due to social media misuse. It will examine two recent state court cases on liability for employee HIPAA violations via social media, highlighting how one healthcare employer escaped liability while another did not. Other topics include employment best practices for social media rules and tips to avoid liability for employee social media violations.
*Indicates that this activity is approved by AAOMS for continuing dental education credit ONLY.
Learning Objectives
At the conclusion of this program, participants should be able to:
- Explain the basics of HIPAA privacy as applied to employers and employees and examples of social media violations by healthcare workers.
- Review a detailed analysis of court cases involving liability for employee HIPAA social media violations and employment best practices for social media rules.
- Analyze the consequences for HIPAA social media violations and defend against liability.
Mark R. Brengelman, JD, MA
Attorney at Law
Mark R. Brengelman, Attorney at Law, PLLC
Frankfort, Kentucky
Disclosure(s): No financial relationships to disclose
An Internet-based CDE Activity
Original Release Date: September 15, 2025
Expiration Date: September 15, 2028
Estimated time to complete this educational activity: 1.0 hour(s)
Method of participation: Self-Study
Mark R. Brengelman, JD, MA
Attorney at Law
Mark R. Brengelman Attorney at Law, PLLC
Mark R. Brengelman, JD, MA, is the sole owner of Mark R. Brengelman, Attorney at Law, PLLC, Frankfort, Kentucky. He holds Bachelor’s and Master’s degrees in Philosophy from Emory University and his law degree from the University of Kentucky.
Working as an Assistant Attorney General in Kentucky in the area of administrative law, Mark was the assigned counsel and prosecuting attorney to numerous health professions licensure boards including the Kentucky Board of Dentistry for fifteen years. He retired from state government and switched sides to represent licensees, but has continued his work with government agencies as contract Board Counsel having now worked for all three branches of state government and a local municipality. Mark also represents children or their parents in confidential juvenile court child abuse and neglect proceedings.
“I help health care practitioners, kids/parents, and government agencies navigate the law and ethics and make the rules understandable as applied to them.”
Having been a presenter for over fifty organizations and private companies, Mark is a frequent participant in continuing education including for the American Association of Dental Boards, the Kentucky Dental Association, the University of Kentucky, College of Dentistry, and the University of Louisville, School of Dentistry.
Disclosure(s): No financial relationships to disclose
Continuing Education Provider Approval
The American Association of Oral and Maxillofacial Surgeons is an ADA CERP Recognized Provider.
ADA CERP is a service of the American Dental Association to assist dental professionals in identifying quality providers of continuing dental education.
ADA CERP does not approve or endorse individual courses or instructors, nor does it imply acceptance of credit hours by boards of dentistry.
The American Association of Oral and Maxillofacial Surgeons designates this activity for 1.0 continuing education credit(s).
AGD - Accepted Program Provider
FAGD/MAGD Credit
11/1/22-12/31/26
Provider ID# 214680