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
Conducted on Wednesday, June 27, 2012
Recorded event now available
This CLE webinar 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.
Social media provides tremendous opportunities for hospitals and providers to share information inside and outside the healthcare community. However, the use of Twitter, Facebook and other social media channels also increases the risk of patient privacy breaches and other legal pitfalls.
Providers engaged in social media must ensure compliance with HIPAA's requirement to protect individually identifiable health information from disclosure. Physicians providing information to Facebook "friends" or via blogs must take steps to avoid inadvertently creating a physician-patient relationship.
To minimize liability exposure, counsel for hospitals and physicians using social media should guide clients in the adoption, implementation and enforcement of a social media policy that ensures compliance with HIPAA and other applicable federal and state laws.
Listen as our authoritative panel of healthcare attorneys examines the potential legal pitfalls for healthcare providers participating in social media communications and discusses strategies to minimize patient claims and government enforcement actions.
- 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
- Selectivity in accepting “friends” or “followers”
- Defining the role of physician in social networking strategy
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?
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, 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.
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 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.
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 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.
On-Demand CLE - Streaming Audio
Includes recorded streaming audio of full program plus PDF handouts.
On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.
AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.
**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.
On-Demand CLE Audio $297.00
Includes full event recording plus handouts.
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
Strafford will process CLE credit for one person on each recording.
Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email firstname.lastname@example.org to place your order.
Recorded Webinar Download $297.00
Recorded Audio Download (MP3) $297.00
Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.
I appreciated the discussion about the often complex aspects of giving legal opinions in the LLC context.
Stites & Harbison
I thought the program was excellent.
Arkin Kaplan Rice
The presentations were at such a high level that even a practitioner with basic knowledge of the subject could take away pertinent learning.
Sullivan & Worcester
I appreciate the mix of legal instruction to real-world advice and that all of my questions going in were answered by the prepared remarks.
The seminar provided good practical examples and advice plus good Q&A.
Health Law Advisory Board
Fredrikson & Byron
Faegre Baker Daniels
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo
Wyatt, Tarrant & Combs
McDermott Will & Emery
Foley & Lardner
Foley & Lardner
Buchanan Ingersoll & Rooney
Drinker Biddle & Reath
Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.