1. Health Care Social Media
Getting Started Without Getting In Trouble
David Harlow JD MPH
THE HARLOW GROUP LLC
23rd Annual
Louisiana Society of Hospital Attorneys blog • healthblawg.com
twitter • @healthblawg
Health Law Symposium
November 8, 2012
Baton Rouge, LA

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

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

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

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

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

7. Facebook Nation
is the third largest nation in the world
global warming sex facebook
Google Trends

8. Remember: It’s just one arrow in the quiver

9. Is social media right for health care?

10. You need a network for your network

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

12. Social Media:
A Powerful Care
Management Tool

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

14. 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

15. 2011
Joint Social Media
Guidelines adopted by
National Council of State
Boards of Nursing and
American Nurses
Association

16. VA encourages use of social media
August 2011 - VA adopts social media policy

17. Authentic
interaction vs.
legal liability

18. Leadership may fear losing control of
message

19. People want to engage

20. Adopt a risk management mindset to
understand risk and avoid liability

22. Understand Common Law Liability
Duty Breach Causation Harm

23. Who will be judging me?

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

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

35. Case Studies

36. The Case of Too Much Information

37. Facebook

38. Twitter

39. Blog

40. Photo and Video Sharing

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

42. Overturns Employer’s
Social Media Gag Rule

43. Help Wanted

44. FTC Endorsement Disclosure Rules
Now Cover Social Media

45. IRS Rules
Prohibit
Political
Endorsements
by Tax-Exempt
Organizations

46. Beware of
Intellectual
Property
Rights

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

48. Can location-based social media
get you in trouble?

49. Do retail coupons have a place in
health care?

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

51. Your social media strategy is ready to evolve

54. David Harlow JD MPH
Thank You THE HARLOW GROUP LLC
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