FTC Hammers BetterHelp - What This Means for Private Practices

First, I am not an attorney at the time this is written. Consult a licensed professional to get more up-to-date and qualified information on this topic.

Second, this is going to be a simple breakdown of what occurred and what you should take away for your own practice. You will still want to consult a professional about these takeaways.

What Happened?

In short, BetterHelp agreed to return $7.8 million to customers in a settlement with the FTC for sharing health data it promised to keep private. This data included information about client mental health and was shared with other companies, including Facebook and Snapchat so that they could in turn create more targeted ads for those that may purchase BetterHelp services. 

During initial signup by customers/clients, they were promised by BetterHelp that BetterHelp would NOT use or disclose their personal health data except for limited purposes such as to provide counseling, according to the FTC.

BetterHelp maintains no admission of wrongdoing (which they aren't required to even with a settlement) and argued it was standard for the industry to share information like this.

The FTC is cracking down on improper use of sensitive health data by businesses that are not strictly classified as health care providers (those that may also be considered covered entities under HIPAA law). 

What This Means for You?

You want to be sure that you have some of the following basis covered when it comes to promises or statements made, as well as privacy and security procedures:

1. Check your FAQ section for promises regarding data and security.

2. Check your privacy policy for similar functions.

3. Check your terms of service for similar functions.

4. Be sure that when you are posting, you are not misleading potential clients to believe they will be protected in a certain way, especially because as health care providers, HIPAA likely applies as well.

5. Have a process for administrative, physical, and electronic protection of data and private information.

6. Be sure all workers involved with your practice are up to date on these items and much more.

Author: Christopher Missimo Co-Owner Avanti Counseling & Consulting, LPC, JD Candidate 2023