Dental and Medical Counsel Blog

As a dental professional, you’ve likely encountered online reviews—both glowing endorsements and not-so-favorable critiques. These reviews are a powerful tool for building your practice's reputation and connecting with prospective patients. However, they also come with a unique challenge: maintaining compliance with the Health Insurance Portability and Accountability Act (HIPAA).  

Understanding the boundaries HIPAA sets is crucial when responding to online reviews. Even a well-meaning reply can inadvertently violate patient privacy, leading to legal trouble and reputational damage. Let’s break down what you need to know to respond to reviews effectively and stay HIPAA-compliant.  

What Constitutes a HIPAA Violation?  

Many people associate HIPAA with the obvious—never sharing a patient’s medical information. But the law extends beyond that. HIPAA prohibits dental practices from even acknowledging someone is a patient, regardless of what they might disclose themselves.  

For example, if a patient writes, “I loved my teeth whitening results!” you cannot reply, “Thank you! We’re so glad you’re happy with your whitening treatment!” While it may feel like you’re simply being polite and engaging, this acknowledgment confirms their status as a patient and could be a HIPAA violation.  

Even if a patient voluntarily shares protected health information (PHI), such as their diagnosis, treatment, or outcomes, this does not waive their right to privacy. The responsibility to maintain confidentiality always rests with the practice—not the patient.  

Violating these rules can lead to steep fines, lawsuits, and damage to your practice’s reputation. This is why it’s essential to approach every response with caution and a clear understanding of what is and isn’t permissible.  

How to Respond Without Crossing the Line  

Responding to online reviews is important for your practice’s reputation, but it must be done carefully to avoid HIPAA pitfalls. Here are some best practices to guide your approach:  

 1. Craft Generalized Responses

One of the safest ways to avoid a HIPAA violation is to create a set of pre-approved, generic responses that you can adapt for various review scenarios. These responses should acknowledge the review without divulging any patient-specific information. For instance, if someone complains about long wait times, you could respond:

"Thank you for sharing your feedback. Our team strives to provide efficient and timely care, and we’re always working to improve our processes."  

This response doesn’t confirm the reviewer’s identity, their status as a patient, or the specifics of their experience. Instead, it focuses on the practice’s commitment to improvement and professionalism. Pre-written responses can also help your team stay consistent in tone and messaging, ensuring that every review is addressed appropriately without risking a HIPAA violation.  

2. Respond Promptly 

Timeliness is critical when managing online reviews. A quick response shows that you value feedback and are attentive to concerns. Ideally, aim to respond within two to three days of the review being posted. Regular monitoring of platforms like Google, Yelp, Facebook, and others is essential. Consider assigning a team member to review these platforms daily or setting up alerts to notify you when new reviews are posted. If a timely, detailed response isn’t feasible, a brief acknowledgment can suffice while you gather more information or decide on the best course of action. For example:  

"Thank you for your review. We appreciate your feedback and will take it into consideration."

This type of response reassures the reviewer—and anyone reading it—that their opinion matters to your practice, even if it doesn’t address the specifics right away.  

3. Take Conversations Offline

Negative reviews can be an opportunity to resolve issues and demonstrate your commitment to excellent patient care. Whenever possible, invite the reviewer to contact your office directly to discuss their concerns in private. This keeps sensitive details out of the public domain and allows you to address the situation without risking a HIPAA violation. For example, you could respond:

"We’re sorry to hear about your experience. Please call us at [phone number] so we can better understand your concerns and work toward a resolution."  

Taking the conversation offline also gives you a chance to turn a negative experience into a positive one. Patients often appreciate the effort you put into resolving their issues, and this can improve your relationship with them while minimizing the impact of the negative review. However, if the reviewer is anonymous, avoid speculating about their identity. Making assumptions about who they might be could lead to unintentional privacy breaches.  

4. Manage Your Online Presence

Claiming and maintaining your business profiles on platforms like Google and Yelp is a crucial step in managing your online reputation. By claiming these pages, you gain control over the information displayed, such as your contact details, office hours, and photos.  

Once you’ve claimed your profiles, you can respond to reviews directly and ensure that your practice’s image is represented accurately. This proactive approach can help mitigate the impact of negative reviews and highlight your responsiveness to patient feedback.  

When dealing with negative reviews, resist the urge to delete them unless they violate the platform’s guidelines. A page with only glowing reviews may seem suspicious to potential patients. Instead, respond professionally to negative reviews and focus on generating more positive feedback to balance the overall perception of your practice.  

5. Encourage Positive Reviews

An effective way to counteract negative reviews is to encourage satisfied patients to share their experiences online. A steady flow of positive reviews can help dilute the impact of occasional criticisms and provide prospective patients with a well-rounded view of your practice.  

You might consider implementing a system where you follow up with patients after appointments to request feedback. For example, a simple email thanking them for their visit can include a gentle prompt to leave a review if they had a great experience. Just be sure not to incentivize reviews, as this can violate platform guidelines and come across as disingenuous.  

Avoiding Common Missteps  

Navigating online reviews can be a learning curve for any dental practice. Here are two key rules to keep in mind:  

1. Never confirm someone is a patient. Even if a reviewer shares details about their visit, avoid confirming or acknowledging their relationship with your practice in your response.  

2. Don’t disclose patient information. Avoid sharing any details—even seemingly minor ones—about a patient’s care, visit, or circumstances.  

If you’re unsure whether a response is compliant, consult with a dental practice attorney. They can review your approach and provide guidance to protect your practice from potential legal issues.  

Why Proper Review Management Matters  

Responding to reviews is about more than protecting patient privacy—it’s an opportunity to showcase your professionalism and commitment to patient care. A well-crafted response can reassure prospective patients that your practice values feedback and strives for excellence, even in challenging situations. By understanding the nuances of HIPAA and practicing these strategies, you can safely engage with online reviews while fostering trust and credibility for your dental practice.  

Contact Dental & Medical Counsel for Guidance on Managing Online Reviews

Navigating online reviews while staying HIPAA-compliant can be challenging, but you don’t have to handle it alone. At Dental & Medical Counsel, we specialize in providing legal support to dental professionals, helping you protect your practice while maintaining a positive online presence. Our experienced team is here to guide you through best practices, compliance issues, and risk management strategies. Contact us today to learn how we can help your practice thrive in the digital age.  

Frequently Asked Questions

Q: What is considered a HIPAA violation when responding to online patient reviews?
A: A HIPAA violation occurs when you disclose protected health information (PHI) without the patient’s authorization. This includes confirming that someone is a patient of your practice, even if the patient shares that information publicly. It also includes sharing any details about their care, visit, or circumstances in your response.  

Q: Can I acknowledge someone as a patient if they disclose that information themselves in their review?
A: No, you cannot acknowledge someone as a patient, even if they voluntarily share that information. HIPAA requires dental practices to maintain patient confidentiality, regardless of what the patient chooses to share publicly.  

Q: How should I respond to a negative review without violating HIPAA?
A: Use a generic response that addresses the feedback without referencing the individual or their specific experience. For example:  
"Thank you for your feedback. We strive to provide excellent care and will review your concerns to improve the patient experience."  
You can also invite the reviewer to contact your office directly to discuss their concerns offline.  

Q: What’s the best way to handle anonymous reviews?
A: For anonymous reviews, avoid guessing or assuming the reviewer’s identity. Respond generically and professionally, addressing the concern without any reference to specific patients or situations.  

Q: How quickly should I respond to online reviews?
A: Aim to respond to reviews within two to three days. Timely responses show that you value feedback and are attentive to patient concerns. Assign a team member to monitor review platforms or set up alerts for new reviews to ensure prompt replies.  

Q: Should I delete negative reviews from my business profile?
A: Generally, it’s better not to delete negative reviews unless they violate the platform’s guidelines. Removing negative feedback can create the impression that your page is overly curated or inauthentic. Instead, respond professionally to demonstrate your commitment to addressing concerns and improving patient care.  

Q: Can I remove reviews from my website or third-party platforms?
A: On your own website, you may have the ability to remove reviews, but proceed cautiously. For third-party platforms like Google or Yelp, reviews can typically only be removed if they violate the platform’s policies. Focus on responding appropriately and encouraging positive reviews to balance the overall perception of your practice.  

Q: How can I encourage positive reviews without violating guidelines?
A: After appointments, send follow-up emails thanking patients for their visit and inviting them to leave a review if they had a positive experience. Avoid incentivizing reviews, as this can violate platform policies and appear insincere.  

Q: Why should I claim my business profiles on review platforms?
A: Claiming your profiles allows you to manage your online presence, respond to reviews, and update your practice’s information. This ensures that potential patients see accurate details about your services and office while giving you control over how your practice is represented.  

Q: What should I do if I accidentally violate HIPAA in a review response?
A: If you make a misstep, consult with a dental practice attorney immediately. They can help you address the situation appropriately, minimize potential fallout, and ensure compliance moving forward.

About the Author

At Dental & Medical Counsel, we've been instrumental in realizing the practice goals of countless dentists. Whether you're looking to purchase, launch, or sell a dental practice, our expertise is your guide. Beyond the initial stages, we're committed to ensuring your dental practice remains legally compliant.

We provide comprehensive support, including employment law protections, dental contract reviews, and assistance with dental employment agreements. Additionally, we specialize in incorporating dental practices and securing trademarks. And for long-term planning, our services extend to helping dentists with succession and estate planning. Trust us to be your partner in every step of your dental practice journey.

About Ali Oromchian, Esq.

Your Dental Lawyer

Ali Oromchian, JD, LL.M. is the founding attorney of the Dental & Medical Counsel, PC law firm and is renowned for his expertise in legal matters

Ali Oromchian, JD, LL.M., is a leading legal authority in dental law and the founding attorney of Dental & Medical Counsel, PC, with over two decades of experience. His deep connection to dentistry comes from his wife's nearly two-decade-long career as a pediatric dentist. 

This personal insight fuels his dedication to empowering dentists to navigate their legal challenges and achieve their practice goals. In doing so, Ali has helped thousands of doctors open their practices while maintaining legal compliance. 

Ali is frequently quoted and contributes articles to dental publications, including the California Dental Society, Progressive Dentist, Progressive Orthodontists, Dentistry Today, Dentaltown, and The New Dentist magazines, further showcasing his commitment to the dental community.