Health Care Social Media - Getting Started Without Getting In Trouble


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Health Care Social Media - Getting Started Without Getting In Trouble

  1. 1. Health Care Social MediaGetting Started Without Getting In Trouble David Harlow JD MPH THE HARLOW GROUP LLC 23rd AnnualLouisiana Society of Hospital Attorneys blog • twitter • @healthblawg Health Law Symposium November 8, 2012 Baton Rouge, LA
  2. 2. “On the Internet, nobody knows you’re a dog.”
  3. 3. Health care marcomm in the 21st centuryis radically different from the recent past
  4. 4. You need the confidence to use social media despite potential legal issues
  5. 5. HCPs want to use social media,but many are concerned about liability
  6. 6. You can use social media effectivelyand stay on the right side of the law
  7. 7. Facebook Nation is the third largest nation in the world global warming sex facebookGoogle Trends
  8. 8. Remember: It’s just one arrow in the quiver
  9. 9. Is social media right for health care?
  10. 10. You need a network for your network
  11. 11. New rules are nudging the health care industry to get more social What is … an ACO? What is … Meaningful Use?
  12. 12. Social Media:A Powerful CareManagement Tool
  13. 13. The open-book ethic of social media runs up against privacy rules in health care
  14. 14. The medical establishment is now getting wise to social mediaMonday, November 15 2010AMA Policy: Professionalism in the Use of Social MediaThe Internet has created the ability for medical students and physicians tocommunicate and share information quickly and to reach millions of peopleeasily. Participating in social networking and other similar Internetopportunities can support physicians’ personal expression, enable individualphysicians to have a professional presence online, foster collegiality andcamaraderie within the profession, provide opportunity to widely disseminatepublic health messages and other health communication. Social networks,blogs, and other forms of communication online also create new challengesto the patient-physician relationship. Physicians should weigh a number ofconsiderations when maintaining a presence online:(a) Physicians should be cognizant of standards of patient privacy and confidentiality that must be maintained in all environments, including
  15. 15. 2011 Joint Social Media Guidelines adopted byNational Council of State Boards of Nursing and American Nurses Association
  16. 16. VA encourages use of social mediaAugust 2011 - VA adopts social media policy
  17. 17. Authenticinteraction vs. legal liability
  18. 18. Leadership may fear losing control of message
  19. 19. People want to engage
  20. 20. Adopt a risk management mindset to understand risk and avoid liability
  21. 21. Understand Common Law LiabilityDuty Breach Causation Harm
  22. 22. Who will be judging me?
  23. 23. You can limitliability by clearlydefining roles andresponsibilities in social media policies and procedures
  24. 24. You must observe – religiously – all the shalts and shalt nots
  25. 25. Case Studies
  26. 26. The Case of Too Much Information
  27. 27. Facebook
  28. 28. Twitter
  29. 29. Blog
  30. 30. Photo and Video Sharing
  31. 31. More areas of the law will affect social media in health care organizations
  32. 32. Overturns Employer’sSocial Media Gag Rule
  33. 33. Help Wanted
  34. 34. FTC Endorsement Disclosure Rules Now Cover Social Media
  35. 35. IRS Rules Prohibit PoliticalEndorsementsby Tax-ExemptOrganizations
  36. 36. Beware ofIntellectual Property Rights
  37. 37. Be explicit about all uses ofprotected health information on a sitepatientslikeme
  38. 38. Can location-based social media get you in trouble?
  39. 39. Do retail coupons have a place in health care?
  40. 40. Health Care Social Media of the Future Curation Communication Patient Engagement Community
  41. 41. Your social media strategy is ready to evolve
  42. 42. David Harlow JD MPHThank You THE HARLOW GROUP LLC for contact info txt dharlow to 50500 or for a vCard scan the QR code