This document contains the presentation slides for a talk on using social media in healthcare while complying with regulations. It discusses the Affordable Care Act, HIPAA, and other relevant laws. It notes that many patients use social media to research health issues and providers. However, social media use also brings privacy, security and legal risks that organizations need policies to address. The presentation recommends developing an appropriate use policy, training employees, creating a content strategy, and monitoring social media use to stay compliant.

1. Confidential and Proprietary © 2013, Actiance, Inc. All rights reserved. Actiance and the Actiance logo are trademarks of Actiance, Inc.
Joanna Belbey
@belbey #BDI1
Social Media and Compliance Specialist
Using Social Media in the Age of ACA and HIPAA
Regulations

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About Actiance
Enablement Market Leadership
Global Operations Partners
• Email
• Unified Communications
• Collaboration
• Social Networks
• 5,000 Web Applications
• Archiving
76%
North American Financial Services Market

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• Joanna Belbey
• Social Media and Compliance Specialist
• Education Department of a regulator
• Ran training firm
• Helping firms use social media while complying with
the regulations
• Twitter: @belbey
• LinkedIn: http://www.linkedin.com/in/belbey
• About.me/belbey
• My biggest challenge?
@belbey #BDI1
Why are we presenting to you today?

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Passed into law in 2010
• More patients
• More choice
• More competition
Affordable Care Act (ACA) – Changing Ground
Rules, Changing Game Plan
@belbey #BDI1

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• 1 in 3 American adults use the internet to research
medical conditions – Pew Research
• 1/3 of consumers use social media to research
medical information, and to review doctors, drugs,
treatments, medical devices and health plans - PWC
• 41% say social influences their choice of doctor,
hospital or medical facility - PWC
How Healthy is Social Media?
@belbey #BDI1

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– Opportunities:
• Well suited for the surgical suite and
examination room being voice activated and
hands-free
• Access patient data and other medical
information
– Risks:
• Internet connected device, security and
privacy of patient data risks
• Distractions
New Devices, Fresh Challenges: Google Glass
@belbey #BDI1

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Social Media Regulations & Requirements
Affordable Care Act
Record Retention
Health Insurance Portability
& Accountability Act (HIPAA)
• Privacy of PHI & ePHI
• Employee Oversight
• Record Retention
• Breach Notification
HITECH
Contractors/Business
Partners
ERISA
Record
Retention
State Laws
Medical Record
Retention Requirements
@belbey #BDI1

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• Patient Privacy
• Litigation Preparedness
• Fraud and Abuse
• Tax-Exempt Status
• Physician Licensing
Legal issues of using social media
@belbey #BDI1

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• Experian: 46% of all breaches in 2013 healthcare
related
• HIPAA data breaches jump 138% between 2009 –
2012
• Frontline staff who unwittingly release PHI on social
media
Security and privacy breaches
@belbey #BDI1

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• Record monetary sanctions imposed by the
Department of Health and Human Services
• Cost to administer, manage and rectify
– Data breaches cost 1.6 Billion each year
– Average Cost of a Security Breach is $810,189 and
average Cost of a Data Loss Incident is $807,471
Cost of security / data breaches
@belbey #BDI1

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Controlling the Fallibility of Human Beings
Identity management
Ensure that all the different logins of an individual link back to corporate
identity.
Activity control Posting of content allowed for marketing but read-only for everyone else.
Granular application control Employees can access Facebook, but not Facebook Chat or Facebook Games.
Anti-malware Protect network against hidden phishing or Trojan attacks.
Data leak prevention Protect organization from employees disclosing sensitive information.
Moderation Messages posted only upon approval by designated review officer.
Logging and archiving Log and capture all electronic communications.
Export of data Export stored data to an archive or WORM storage.
Sharing appropriate content,
measuring results
Brand protection, measurement.
Issue Control Requirements
@belbey #BDI1

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1. Protect patient info
2. Keep adequate records
3. Create an appropriate use policy and
train employees
4. Create content strategy
5. Supervise and monitor
Your Action Plan for Social Media Compliance
@belbey #BDI1