Health Care Social Media
      The Lawyers Don’t Always Say No


14TH ANNUAL             David Harlow JD MPH
HEALTHCARE IN...
“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 …
   Meaningf...
The medical establishment is now getting
          wise to social media


Monday, November 15 2010
AMA Policy: Professiona...
Health care organizations must plan effectively
     in order to communicate effectively
 • <measure twice cut once kind o...
You need a network for your network
Success requires engagement, and
      engagement requires trust


No shortcuts.

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

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Keynote presentation at 14th Annual Healthcare and the Internet Conference, November 2010

Published in: Health & Medicine, Business

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

  1. 1. 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
  2. 2. “On the Internet, nobody knows you’re a dog.”
  3. 3. Health care marcomm in the 21st century is radically different from the 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 effectively and stay on the right side of the law
  7. 7. Learn some health care social media do’s and don’ts
  8. 8. Look Before You Leap
  9. 9. Why social media? David Armano, SVP Edelman Digital http://darmano.typepad.com/ 3.22.10
  10. 10. Mass media’s influence is waning
  11. 11. Facebook Nation is the third largest nation in the world global warming sex facebook
  12. 12. Remember: It’s just one arrow in the quiver
  13. 13. Is social media right for health care?
  14. 14. New rules are nudging the health care industry to get more social What is … an ACO? What is … Meaningful Use?
  15. 15. 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
  16. 16. Health care organizations must plan effectively in order to communicate effectively • <measure twice cut once kind of pic>
  17. 17. You need a network for your network
  18. 18. Success requires engagement, and engagement requires trust No shortcuts. Authentic Genuine Trust Influence interaction Engagement
  19. 19. Trust is Most Important Factor in Health Engagement
  20. 20. Engagement is personal – but how personal is too personal?
  21. 21. Health Care Social Media Presents Risks and Rewards
  22. 22. The open-book ethic of social media runs up against privacy rules in health care
  23. 23. Authentic interaction vs. legal liability
  24. 24. Leadership may fear losing control of message
  25. 25. People want to engage
  26. 26. We need to meet people where they are, and we need to speak their language
  27. 27. We need to ensure that the platforms for conversations are in place
  28. 28. Adopt a risk management mindset to understand risk and avoid liability
  29. 29. First: Understand Common Law Liability Duty Breach Causation Harm
  30. 30. Who will be judging me?
  31. 31. You can limit liability by clearly defining roles and responsibilities in social media policies and procedures
  32. 32. You must observe – religiously – all the shalts and shalt nots
  33. 33. Case Studies
  34. 34. The Case of Too Much Information
  35. 35. Facebook
  36. 36. Twitter
  37. 37. Blog
  38. 38. More areas of the law will affect social media in health care organizations
  39. 39. NLRB overturns employer’s “social media gag rule”
  40. 40. Be explicit about all uses of protected health information on a site patientslikeme
  41. 41. What’s next?
  42. 42. Can location-based social media get you in trouble?
  43. 43. Do retail coupons have a place in health care?
  44. 44. Health Care Social Media of the Future Curation Communication Patient Engagement Community
  45. 45. Your social media strategy is ready to evolve
  46. 46. 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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