Health Care Social Media - The Lawyers Don't Always Say No

Health Care Social Media The Lawyers Don’t Always Say No 14TH ANNUAL David Harlow JD MPH HEALTHCARE INTERNET THE HARLOW GROUP LLC CONFERENCE blog • healthblawg.com NOVEMBER 15-17, 2010 twitter • @healthblawg

“On the Internet, nobody knows you’re a dog.”

Health care marcomm in the 21st century is radically different from the past

You need the confidence to use social media despite potential legal issues

HCPs want to use social media, but many are concerned about liability

You can use social media effectively and stay on the right side of the law

Learn some health care social media do’s and don’ts

Look Before You Leap

Why social media? David Armano, SVP Edelman Digital http://darmano.typepad.com/ 3.22.10

Mass media’s influence is waning

Facebook Nation is the third largest nation in the world global warming sex facebook

Remember: It’s just one arrow in the quiver

Is social media right for health care?

New rules are nudging the health care industry to get more social What is … an ACO? What is … Meaningful Use?

The medical establishment is now getting wise to social media Monday, November 15 2010 AMA Policy: Professionalism in the Use of Social Media The Internet has created the ability for medical students and physicians to communicate and share information quickly and to reach millions of people easily. Participating in social networking and other similar Internet opportunities can support physicians’ personal expression, enable individual physicians to have a professional presence online, foster collegiality and camaraderie within the profession, provide opportunity to widely disseminate public health messages and other health communication. Social networks, blogs, and other forms of communication online also create new challenges to the patient-physician relationship. Physicians should weigh a number of considerations 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

Health care organizations must plan effectively in order to communicate effectively • <measure twice cut once kind of pic>

You need a network for your network

Success requires engagement, and engagement requires trust No shortcuts. Authentic Genuine Trust Influence interaction Engagement

Trust is Most Important Factor in Health Engagement

Engagement is personal – but how personal is too personal?

Health Care Social Media Presents Risks and Rewards

The open-book ethic of social media runs up against privacy rules in health care

Authentic interaction vs. legal liability

Leadership may fear losing control of message

People want to engage

We need to meet people where they are, and we need to speak their language

We need to ensure that the platforms for conversations are in place

Adopt a risk management mindset to understand risk and avoid liability

First: Understand Common Law Liability Duty Breach Causation Harm

Who will be judging me?

You can limit liability by clearly defining roles and responsibilities in social media policies and procedures

You must observe – religiously – all the shalts and shalt nots

Case Studies

The Case of Too Much Information

Facebook

Twitter

More areas of the law will affect social media in health care organizations

NLRB overturns employer’s “social media gag rule”

Be explicit about all uses of protected health information on a site patientslikeme

What’s next?

Can location-based social media get you in trouble?

Do retail coupons have a place in health care?

Health Care Social Media of the Future Curation Communication Patient Engagement Community

Your social media strategy is ready to evolve

David Harlow JD MPH THE HARLOW GROUP LLC for contact info in an sms Thank You txt dharlow to 50500 harlowgroup.net healthblawg.com twitter.com/healthblawg david@harlowgroup.net

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Health Care Social Media - The Lawyers Don't Always Say No

by David Harlow on Nov 19, 2010

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Health Care Social Media - The Lawyers Don’t Always Say No — Presentation Transcript