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Blogging Guidelines For Physicians

There’s been quite a kerfuffle over the “Unprofessional” post Dr V wrote. A lot of people have been very shrill in denouncing physicians who write about their experiences using social media — blogs, twitter, facebook, etc — with particular emphasis on those who do not use their real names.

So, while I won’t tell someone how they should blog/tweet, or try to impose my vision of professional standards on a community that clearly is still coming to consensus with public conversations by healthcare workers, I will offer you my personal guidelines and values that I use in determining what I am willing to put into the public domain. These are just my opinions; your mileage may vary.

As a general principle: patients give physicians and nurses access to intimate details of their lives and they have a reasonable and valid expectations that we will respect their privacy and dignity. When using social media, that does need to be maintained. How you do that requires careful attention and may be controversial regardless of your approach.

Don’t blog or tweet anything that you wouldn’t want you boss/hospital administration to read. Stress test yourself by informing your employer or CEO about your blog and invite them to read it. That will keep you honest! Read more »

*This blog post was originally published at Movin' Meat*

Physician Fired For Facebook Faux Pas

In recent years many health care providers and managers have told me, time and again, that the health care world is accustomed to managing confidential patient information, and therefore doesn’t need much in the way of social media training and policy development.  This week brings news that should make those folks sit up and take notice.  A physician in Rhode Island, who was fired for a Facebook faux pas, has now been fined by the state medical board as well.  The physician posted a little too much information on Facebook — information about a patient that, combined with other publicly available information, allowed third parties to identify the patient.  The details of the story are available here and here.

The key takeaway from this story — and the Johnny-come-lately approach to health care social media taken by the Rhode Island hospital in question and the Boston teaching hospital that the Boston Globe turned to for comment — is that prevention is the best medicine. Read more »

*This blog post was originally published at HealthBlawg :: David Harlow's Health Care Law Blog*

Beware Of Fake “Social Media Experts” Offering To Help You Create An Institutional Policy

They’re here: Creeping researchers who see the opportunity that’s social media.  Publications, position papers, professional guidelines and policies on social media are appearing faster than you can say ‘ARA grant opportunity.’  A simple search will show that some of these authors have little more than a token feel of what its like to be a doctor in the social space.  And they’ve got just enough of a footprint to fool the editors.  “They’ve actually got a Twitter account.  They must know what they’re talking about.”

The next time you see a policy or a guideline coming from a society or medical professional organization, deep search its authors.  Look to see if they have the experience and social scars to guide you as a professional.  If you’re a professional society or journal, be sure to do the same.  Thoroughly vetting the social media experience of authors should be part of peer review when it comes to medical research and policy generation in social media.  Otherwise expect those who have never experienced social media to position themselves as the new voice of authority. Read more »

*This blog post was originally published at 33 Charts*

Rules to Ensure a HIPAA-Compliant Social Media Strategy

Health care social media continues to be a hot-button issue for hospitals and other provider types around the country.  Health care provider organizations considering taking a first step into social media often articulate concerns about regulatory and legal barriers to the use of social media in health care.  As regular readers of HealthBlawg know, I believe that an ounce of prevention is worth a pound of cure — in the health care social media arena as elsewhere.  Careful planning up front will help you avoid the potential liabilities and pitfalls you may otherwise face in implementing a health care social media program.  I invite you to take a look at this quick compendium of rules to live by, which I compiled with Dan Hinmon of Hive Strategies, and follow the link on the last page of the embedded presentation to download an expanded version. Read more »

*This blog post was originally published at HealthBlawg :: David Harlow's Health Care Law Blog*

Walgreens Sued For Selling Patient Data

Walgreens is being sued by customers who are not happy that their prescription information – even though it has been de-identified – is being sold by Walgreens to data-mining companies.

The data privacy and security concerns surrounding the transfer of de-identified data are significant.  To “de-identify” what is otherwise protected health information under HIPAA, some outfits will simply strip data of 18 types of identifiers listed in federal regulations.  However, the relevant regulation (45 CFR 164.514(b)(2)(ii)) also provides that this only works if “the covered entity does not have actual knowledge that the information could be used alone or in combination with other information to identify an individual who is a subject of the information.” Thus, the problem with this approach is that, these days, nobody can disclaim knowledge of the fact that information de-identified by removing this cookbook list of 18 identifiers may be re-identified by cross-matching data with other publicly-available data sources. There are a number of reported instances of this sort of thing happening. The bottom line is that our collective technical prowess has outstripped the regulatory safe harbor.

Is this the basis of the lawsuit brought against Walgreens?  An objection to trafficking in health information that should remain private?  No.  The plaintiff group of customers is suing to share in the profits realized by Walgreens from trading in the de-identified data. Read more »

*This blog post was originally published at HealthBlawg :: David Harlow's Health Care Law Blog*

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