October 13th, 2011 by Michael Sevilla, M.D. in Opinion
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How should physicians utilize social media in their professional lives? In this video, I was interviewed by Family Practice News at the 2011 American Academy of Family Physicians Annual Scientific Assembly meeting in Orlando. Check out this blog post where there are slides of my presentation at that meeting about social media. (Also FYI, as of this posting, the video above has the most hits of any on the Global Medical News Network channel – Yay!)
Especially for Family Medicine, using social media is very important, in my opinion, to help tell our story. For too long, I believe that we, as a specialty, have let others define who we are. Social media has a chance to change that.
As far as initial use of social media, I advise physicians Read more »
*This blog post was originally published at Family Medicine Rocks Blog*
October 10th, 2011 by DavidHarlow in Health Policy, News
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On September 14, HHS released for comment draft lab results regulations that will, if finalized, effectively bathe the Achilles’ heel of health data in the River Styx of ¡data liberación! All lab results will be made available to patients, just like all other health data. (See the HHS presser and YouTube video from the recent consumer health summit. Todd Park, HHS CTO, is also the chief activist for what he calls ¡data liberación!)
Forgive me for mixing my metaphors (or whatever it is I just did), but even though there are just a couple dozen words of regulations at issue here, this is a big deal.
When HIPAA established a federal right for each individual to obtain a copy of his or her health records, in paper or electronic format, there were a couple of types of records called out as specifically exempt from this general rule of data liberation, in the HIPAA Privacy Rule, 45 CFR § 164.524(a)(1): psychotherapy notes, information compiled for use in an administrative or court proceeding, and lab results from what is known as a CLIA lab or a CLIA-exempt lab (including “reference labs,” as in your specimens get referred there by the lab that collects them, or freestanding labs that a patient may be referred to for a test; these are not the labs that are in-house at many doctors’ offices, hospitals and other health care facilities — the in-house labs are part of the “parent” provider organization and their results are part of the parents’ health records already subject to HIPAA).
(“CLIA” stands for the Clinical Laboratory Improvement Amendments of 1988, which established quality standards for certain laboratory testing.)
This carveout of lab results from patient-accessible records has long been a thorn in the side of the e-patient. This month, Read more »
*This blog post was originally published at HealthBlawg :: David Harlow's Health Care Law Blog*
September 24th, 2011 by DavidHarlow in Opinion
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I spoke on health care social media and regulatory compliance at the Health Care Compliance Association’s New England Regional Annual Conference last week. As you may expect, the room was full of the folks who, generally speaking, are the folks who block social media sites on health care organization networks. I sent a link to an online bio to one of the session organizers in advance, and even that site was blocked by his facility’s network. Clearly, we have a long way to go in educating health care compliance professionals about the risks and benefits of using health care social media, and an appropriate approach to balancing these risks and benefits so as to establish an appropriate social media presence for each health care organization.
My talk was followed by a presentation by two federal prosecutors, one of whom reminded the audience that they may need to produce copies of all online postings in response to government document requests or subpoenas. We may quibble about the scope of material that might be covered by such a production request, but the key takeaway from this comment should be Read more »
*This blog post was originally published at HealthBlawg :: David Harlow's Health Care Law Blog*
September 23rd, 2011 by Lucy Hornstein, M.D. in True Stories
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Got a call from a long-time patient over the weekend. Hearing a not overly alarming story but one that was not terribly reassuring either, I suggested she go to the Emergency Department.
Later that morning, sitting at an internet cafe with DSS eating breakfast, each of us surfing on our respective laptops, he says conversationally, “So I see Miss LTP is in the ER.”
My heart stopped and my stomach dropped. Had he managed to access the voicemail program I use for after hours calls? My EMR? Had I left shortcuts up to any patient-related materials on that machine? When had I last used it anyway? My mind was racing. I wasn’t all that concerned specifically about him knowing that a particular person was in the ER, since he understands confidentiality. But if he was able to access confidential patient information, did that mean I had a security breach?
“How do you know that?” I asked him carefully, after a very long pause, during which all of the above ran through my head. Read more »
*This blog post was originally published at Musings of a Dinosaur*
August 6th, 2011 by BarbaraFicarraRN in Expert Interviews, Opinion
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This is the third part of a three part post addressing the legal concerns of social networking in the health care arena.
In part one, legal expert David Harlow, Esq., Health Care Attorney and Consultant at The Harlow Group, LLC in Boston, answered questions regarding “The Legal Implications for Doctors, Nurses and Hospitals Engaging in Social Media?”
In part two, Mr. Harlow answered questions related to the Pharma industry; “Legal Concerns: What Steps can Pharma Take to Engage in Social Media?”
The third part addresses a question from a follower on Facebook about the use of disclaimers.
Q: Barbara: A Healthin30 reader on Facebook writes: “I’m looking for a good disclaimer to put on a couple of medical practices’ Facebook pages. The AMA social media guidelines aren’t helpful. Do you have a good boilerplate you recommend? Thanks in advance for your help!” David, can you offer a couple suggestions?
A: David: Read more »
*This blog post was originally published at Health in 30*