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BetterHelp Barred by FTC from Sharing Data with Facebook
- roseway4 4y agohttps://archive.is/YlkgC#selection-3665.0-3667.10 https://archive.is/YlkgC#selection-3665.0-3667.10 Sounds like they might have been sharing hashed emails and other identifiers with advertisers to execute retargeting campaigns: > BetterHelp said its use of “limited, encrypted information” for targeting ads was an “industry-standard practice” for health-care companies. The company admitted no wrongdoing and it doesn’t share “names or clinical data from therapy sessions” with advertisers, according to a statement.
- andrepd 4y agoYes, I'm sure this entity can be trusted with my data even though there is no incentive to do so and no penalty should they fuck up.
- BLKNSLVR 4y agoUnique identifiers and clinical data from anywhere other than therapy sessions is all nicely bundled into a secondary (or maybe primary?) income stream though.
- JohnFen 4y agoThis is why I wouldn't dare to use their services. And doubly so if one of the companies they shared with was Facebook.
- ornornor 4y agoBut they promised they don’t not share your more personal data, only the personal data!
- drowsspa 4y agoThe last thing the world needs is a mental health company with this "Silicon Valley start-up vibe".
- dmitrybrant 4y agoBetterHelp has been around for a while now, and I'd be curious if it's actually helping with long-term mental health outcomes, on an individual and population level. I mean, their advertising campaigns are massive. They advertise on literally every podcast, and now NPR. They advertise even more than Squarespace, and even more than [insert latest mattress company].
- SQueeeeeL 4y agoI used a similar service and experienced a lapse in care when one of my appointments randomly vanished and the therapist voided out of their system. Super weird, but I learned about bridge scripts...
- JohnFen 4y agoIn the ads of theirs that I've heard, they include a disclaimer saying (paraphrasing) that their services are not intended to treat mental health conditions, but are meant to provide "counselling" -- basically a sympathetic ear.
- say_it_as_it_is 4y agoFTC sees no issue with BetterHelp offering social workers as "therapists"?
- modoc 4y agoNo one does. LICSW is the common license for therapists (the SW stands for Social Worker). They aren't psychologists or psychiatrists, but they are therapists.
- nchohan 4y agoI doubt therapist are licensed and credentialed in the state the patient is in.
- JohnFen 4y agoThis depends on the state the patient is in. Most states require the therapist to be licensed in the state the patient is in, but there are exceptions. For instance, many states allow an out-of-state licensed therapist (via telehealth or otherwise) to practice in their state for a limited period of time, typically 20 days. During covid, many states (and the federal government) temporarily lifted restrictions on therapists operating in states they aren't licensed in as well. I don't know how many, if any, of those states have put the restrictions back in place. And there are often different rules about when a patient has an established relationship with a licensed therapist but moves out of state. To really know, you need to check with your own state's licensing department.
- dymk 4y agoI used BetterHelp mid-pandemic. It's one of the few times I've issued a credit card chargeback. Their business model is one big scam. You don't pay per-session, you pay per-month. Thus, they oversubscribe their "therapists" (who are almost all independent contractors doing BH as their side gig), and so the incentive is encourage you to book as infrequently as possible. Once you take that into account, it ends up being as expensive or more than a traditional therapist.
- crazygringo 4y agoI haven't used it but always figured it might be a good way to dip your toes in the water. One of the hardest parts of starting therapy is finding a therapist who's a good match for you. And it's a lot of work to find therapists, schedule, have an awkward conversation after a first session about whether you'll have a second... So even if it winds up being the same price or even more, it could still be a net benefit in terms of being an efficient and anxiety-free way of finding a therapist who's a good match. Or even just the right therapy modality. I've often wondered, though, once you find a therapist you like, what prevents you from just seeing them directly, without BetterHelp taking their cut?
- dymk 4y agoIt's not as good of a deal though, because - 1) you're dealing with therapists who are treating this like a side gig, - 2) they're all overbooked, - 3) dealing with a company that prioritizes money extraction over helping people, and - 4) a poor experience with BH (likely) turns people off from therapy, which can be an actually wonderful experience. I really can't blame the therapists much. Hate the game, not the player. BetterHelp the company needs to shape up.
- SkyPuncher 4y agoIt seems like a lot of these therapy services are dealing with the fact that a time-based therapy session is simply not fungible or optimizable in any capacity. DoorDash can stack meals, but you can't stack therapy sessions. On top of that, there's a lot of poor therapists (or at least poor therapy-patient pairings) across the industry.
- berkle4455 4y agocan we drop the charade and just direct-ship me a monthly sampler of adhd and anxiety drugs? thanks.
- kayodelycaon 4y agoWhile ADHD medications are relatively safe, you really don’t want to start messing with anxiety medications. All of them have side effects and need to be dosed properly. Benzos are very quickly addictive. Beta blockers can kill you. Antidepressants can fuck you up.
- cush 4y agoAre they not required to conform to HIPAA?
- PuppyTailWags 4y agoBetterHelp is a platform, not a provider. The actual therapists you talk to can't talk about you, but BetterHelp sure can.
- piva00 4y agoSounds like a bullshit loophole that should be struck down then. BetterHelp should be a platform just like a hospital is a platform...
- yabones 4y agoIt's completely insane that they're not a "business associate" or a "covered entity" under hipaa. That's a pretty serious indication that the rules are broken.
- cush 4y agoI'm appalled...
- SkyPuncher 4y agotldr: Yes and No: https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html https://www.hhs.gov/hipaa/for-professionals/covered-entities... There's a lot of nuance. Put simply, HIPAA is not required to be applied to a cash-based transactions. HIPAA is dependent on health insurance (and in-turn the government's influence on health insurance). Most healthcare providers accept/rely on insurance, so they simply choose to follow HIPAA standards. An entity can be a "hybrid" entity, in which they explicitly seperate define HIPAA-compliant and non-HIPAA compliant parts of their businesses. Most providers don't go to this effort since (1) it does introduce risk (accidental intra-org boundary breaking) (2) most of their systems of going to be HIPAA-complaint anyways (3) they're not in the business of selling healthcare info. I'm getting a bit fuzzy at this part of the law, but I believe that HIPAA only applies to transactions "for which HHS has adopted a standard.". That means even within health insurance transactions, there are legal carve-outs. Realistically, the US needs far stricter health-privacy laws.
- siliconc0w 4y agoApparently these kinds of services are exempt from HIPAA which is a huge problem and really should be more of an outrage and resolved quickly by congress.
- N_A_T_E 4y agoSorry to ask for a source, but is that actually true? I'm pretty sure they are covered. I would be interested in opening an account and filing a complaint against them if they aren't treating PII or PHI in a compliant manner.
- SkyPuncher 4y agoPut simply, HIPAA only applies to insurance based transactions.
- JohnFen 4y agoThis is not accurate. That's its main purpose, but it covers more than just that. https://www.cdc.gov/phlp/publications/topic/hipaa.html https://www.cdc.gov/phlp/publications/topic/hipaa.html
- SkyPuncher 4y agoIt's not fully accurate, but it's accurate enough for lay people. I founded a HealthTech company. I'm very familiar with the rules. The key here is in the definition of a covered entity: https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html https://www.hhs.gov/hipaa/for-professionals/covered-entities... > [list of providers] ...but only if they transmit any information in an electronic form in connection with a transaction for which HHS has adopted a standard. In grossly simple terms, that means if insurance/medicare/medicaid is not involved, it's not a "transaction for which HHS has adopted a standard"
- JohnFen 4y agoAh, I understand. Thank you. That explains the existence of several troubling loopholes I've seen.
- Zak 4y ago> The company will also pay $7.8 million to resolve allegations that it revealed sensitive data > Teladoc had revenue of $2.4 billion last year, with about $1 billion coming from the BetterHelp. The fine does not seem like a large enough fraction of their revenue to deter future abuse.
- crazygringo 4y agoThey also had a net loss of $13.7 billion (!) in 2022. Yes, you read that right. [1] They had a $429 million net loss in 2021. I'll be honest, I don't understand what "non-cash goodwill impairment" is that leads to losses that are almost 6x revenue. In any case, the company seems to already be losing plenty of money without the FTC needing to lift a finger...? [1] https://ir.teladochealth.com/news-and-events/investor-news/press-release-details/2023/Teladoc-Health-Reports-Fourth-Quarter-and-Full-Year-2022-Results/default.aspx https://ir.teladochealth.com/news-and-events/investor-news/p...
- tylermenezes 4y agoGoodwill impairment means, in a nutshell, they think they paid too much to acquire.
- Zak 4y agoMy reading of a definition for "goodwill impairment" is that it means the company acquired other companies, and determined later that it overpaid for them. Non-cash probably means that it paid for those acquisitions with stock rather than money. All of which seems to me like a good argument for penalties being based on revenue rather than profits. https://www.investopedia.com/terms/g/goodwill-impairment.asp https://www.investopedia.com/terms/g/goodwill-impairment.asp
- drc500free 4y agoGAAP accounting lives in its own world, based on the operations of a 19th century barrel-making factory, where the value of a firm is simply the sum of all assets they hold minus all liabilities they owe. In real life, an acquired firm is worth more than that because it's a "going concern." Even if you're buying a factory, it's worth more than the machinery and inventory because it's a business that will generate cash in the future. The point of the GOODWILL asset is a sort of hack to represent this intangible value that you're going to get from operating the business you bought, which theoretically is exactly the difference between the net assets and the acquisition price. By putting in a goodwill amount, the acquisition isn't considered a net gain or loss at the moment that it happens; the books assume that the correct price was paid with no impact on company value. When you realize that the business is actually a bit of a dud, you can take a GOODWILL IMPAIRMENT which basically means "eh, I guess running this business isn't worth as much as we thought." You reduce the value of the goodwill asset and recognize an expense, reducing your profit for the year where you realized there was an issue. There's therefore an incentive to recognize goodwill impairments when (or before) you make a lot of profit, so that you can reduce your profit and therefore your taxes. (Side note - accrual accounting makes a lot more sense once you start thinking of assets as "cash that's missing but we aren't admitting it yet" and liabilities as "cash that's there but we aren't admitting it yet"; admitting or "recognizing" these things turns assets into expenses and liabilities into revenues.) This gets really funny in software. Software startups live in their own world, based on a handful of them working out and dominating the entire economy, where the value of a firm is whatever you want it to be because it's basically infinity or zero. So in these cases, goodwill represents the massive gap between "the amount we paid for our computers plus some percent of the amount we've spent on engineering salaries" and "I bet this thing will make use worth $50B one day so let's pay $2B for this capability." It's Schrodinger's accounting entry, waiting for the acquisition team to be proven right or wrong (usually wrong) one day. And most importantly, it's a mouth-watering chunk of tax avoidance that can be written down whenever needed to offset profits. Legitimately, because you really did lose that money making a bad business decision.
- henriquez 4y agoShouldn’t Facebook be banned from receiving targeting data from ANY healthcare company? They ought to be fined, or preferably shut down.
- SkyPuncher 4y agoI see a bit of confusion in this thread about what and where HIPAA applies to. I ran a HealthTech company a few years back. We spent extensive time working with lawyers to understand our obligations under HIPAA. While we always held ourselves to the same standard as a covered entity, our product/service was not technically obligated to follow HIPAA. I was shocked by this and we got serval differing legal opinions that all said the same. Put simply, HIPAA is enforced on healthcare providers via their relationship with insurance companies. And, in turn those insurance companies relationship with the government. For example, a cash-only clinic is not required to be HIPAA compliant. They do not process "transmit any information in an electronic form in connection with a transaction for which HHS has adopted a standard." [0]. Therefore, they are not a covered entity and not bound by HIPAA. In fact, there are a lot of loopholes that HIPAA doesn't apply to. For most of your healthcare, it doesn't matter. It's far easier for most hospitals/doctors just to treat everything as though it's HIPAA compliant. All of their systems are already compliant, so they don't benefit from the loopholes. Things get weird with "direct-to-consumer" health providers. Particularly, the cash-only (or credit card) providers. They aren't covered entities, so they are not bound by HIPAA. They are bound by general privacy law, but not by HIPAA. tldr: HIPAA is far less limited in reach than most people think. 0 - https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html https://www.hhs.gov/hipaa/for-professionals/covered-entities...
- yosito 4y agoGood! It's absolutely unacceptable that something as intimate and vulnerable as a therapy company would share my data with a company as abusive as Facebook.
- diebeforei485 4y agoPewDiePie called this company out so many years ago.