Social Media in Healthcare: Risks Under HIPAA and Other Federal and State Laws
Minimizing Breach of Privacy and Physician-Patient Relationship Claims, Physician Licensure Concerns, and Other Potential Liabilities
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to healthcare counsel on measures hospitals and physicians should take to minimize liability when engaged in social media. The panel will outline the risks inherent in social media use and offer best practices for developing effective social media policies.
Outline
- What communication tools fall within the scope of social media?
- Tools hospitals are using
- Tools other healthcare entities are using
- Risks of using social media in healthcare — general business risks and healthcare-specific risks
- HIPAA and state privacy law violations
- Physician-patient relationship issues
- Physician licensure concerns
- Document retention concerns
- Litigation management concerns
- Developing a comprehensive social media strategy
- Components of an effective social media policy
- Policy enforcement and monitoring
- Staff training
- Use of disclaimers
- Hypotheticals
- Selectivity in accepting “friends” or “followers”
- Defining the role of physician in social networking strategy
Benefits
The panel will review these and other key questions:
- What risks do hospitals and providers face when using social media platforms to communicate with staff, patients and the general public?
- What steps can healthcare providers take to protect patient privacy and ensure HIPAA compliance when engaged in social media?
- What are the key considerations for healthcare provider counsel when developing and implementing policies regarding social media use?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty

Jennifer R. Breuer
Partner
Drinker Biddle & Reath
She is Vice Chair of the firm's Health Care Practice Group. She represents health care providers, including hospitals,... | Read More
She is Vice Chair of the firm's Health Care Practice Group. She represents health care providers, including hospitals, long-term care facilities, multi-specialty physician groups and ancillary service providers, as well as pharmaceutical companies and device manufacturers in fraud and abuse and privacy compliance matters. She is a regular author and speaker on various health care issues.
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Nicole D. Galli
Partner
Benesch Friedlander Coplan & Aronoff
She counsels clients in the emerging area of social media, where the issues that arise can overlap a number legal... | Read More
She counsels clients in the emerging area of social media, where the issues that arise can overlap a number legal disciplines, as well as raise new issues not yet addressed by existing law. She conducts audits of social media use to identify areas of potential concern or exposure, drafts necessary social media policies, and assists in training personnel on appropriate social media use.
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David C. Harlow
Principal
The Harlow Group Health Care Law & Consulting
He is a seasoned health care attorney and consultant recognized as an accomplished, innovative and resourceful thought... | Read More
He is a seasoned health care attorney and consultant recognized as an accomplished, innovative and resourceful thought leader in health care law and policy. He helps health care providers, vendors and payors navigate the maze of regulatory and business issues facing them on a daily basis. He is a charter member of the Advisory Board of the Mayo Clinic Center for Health Care Social Media.
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