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

Blog

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