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
Our best recorded option for CLE accreditation. Includes recorded streaming audio of full program plus PDF handouts.
Strafford is an approved provider and can request CLE credit for On-Demand programs in the following states. (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
AK, AZ, CA, CO, DE, FL, GA, HI, IA, ID, IL, IN*, 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
*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 $69.00
Includes full event recording plus handouts.
Strafford is an approved provider and self-study CLE credit is available in the following states. (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
AK, AZ, CA, CO, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NM, OR, PA, TN, TX, UT, VT, WA, WV, WY
To apply for Continuing Education credit for a recorded event, contact Strafford CLE to obtain an Attorney Affirmation Form at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Recorded Webinar Download $69.00
Recorded Audio Download (MP3) $69.00
DVD (Slide Presentation with Audio) $69.00 plus $9.45 S&H
Strafford webinars/teleconferences 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.
Very concise - provided what was needed, yet also included many examples, thoughts and ideas.
I appreciated the speakers' insight and was pleasantly surprised how helpful I found the presentation.
McAfee & Taft
The program was very to the point — no fluff.
Wright Lindsey & Jennings
I liked the use of current court cases.
Northwestern Memorial Hopsital
I appreciated that the speakers had opinions and ideas to share beyond what is available in print.
Reinhart Boerner Van Deuren
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.