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