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22 Health Law. 28 (2009-2010)
Crafting an Effective Social Media Policy for Healthcare Employees

handle is hein.journals/healaw22 and id is 272 raw text is: CRAFTING AN EFFECTIVE SOCIAL MEDIA POLICY FOR HEALTHCARE EMPLOYEES David Gevertz, Esq. Gina Greenwood, Esq. Baker Donelson Bearman, Caldwell & Berkowitz, PC Atlanta, GA The numbers are staggering: According to a recent report published by the Pew Internet & American Life Project, as of 2008, 35 percent of adults use social networking sites (such as MySpace and Facebook) - up from only eight percent in 2005.' Some healthcare providers speculate that as many as 50 percent of their employees utilize some form of social media. For employers, these numbers suggest that a large portion of their current workforce is actively partici- pating in online social networking communities at work and at home. This means that if employers do not develop social media policies and train employees on the appropriate use of social networking and blogging, employers leave themselves exposed to abuse, public embarrassment and potential liability. Special considerations must be taken into account for healthcare pro- vider employers, for which the social networking revolution offers many advantages, but also significant risks. This article explains the term social media and discusses how to craft a workable social networking policy that minimizes the risks of inap- propriate employee online networking, while still allowing healthcare organiza- tions to make the best use of new Internet technologies to help their patients and to uphold the mission of their organizations. What Exactly is Social Media? Social media is information that is disseminated through highly accessible publishing techniques that transform 28 people from content consumers into content producers.' In short, for the average user, social media has con- verted the Internet from a read-only encyclopedia into an interactive, second-by-second communication forum with the world as the audience. Examples of social media applica- tions include Facebook (with its 400 million users), MySpace, Linkedln, Twitter, YouTube, blogs and email. In addition to Internet media applica- tions, the use of cellular phones for texting, PDA use, and cellular-based cameras are often referred to as forms of social media. The Benefits of Social Networking for Healthcare Providers Social networking has a place and usefulness in assisting hospitals and other healthcare providers in building online communities for their employees/staff, patients and programs. Patients - often with the assistance of those providers - are building increasingly sophisticated online support groups that enable them to share information about treatments, discuss their experiences, and assist each other in coping with illness.3 Clinicians also participate in professional group blogs online to share treatments and experiences.4 The same technologies make it possible for advocacy groups, government agencies, and healthcare providers to update consumers on rele- vant health news, and to deliver personalized healthcare-related mes- sages, reminders and alerts to email accounts, mobile phones and other wireless devices. Given the numerous positive ways in which social networking sites can be used by healthcare providers, employers must ask, Do blanket pro- hibitions serve the best interests of the healthcare providers or the patients The Health Lawyer they serve? Even if prohibited, can employers really control the use of social media? According to at least one hospital president, Paul Levy, president and chief executive officer of Beth Israel Deaconess Medical Center in Boston, blocking employee access to social networking sites is a bad idea.' He argues that such bans will impede the sharing of ideas and information prac- tices that are vital to modem health care organizations' day-to-day opera- tions and long-term planning and teaching missions. 6 Pandemic scares have also rein- forced the need for hospitals to be able to communicate internally with staff and externally with communities to ensure the safety of both. Social media can be an inexpensive way to disseminate necessary information quickly.7 Further, social networking for some hospitals has proven to be an excellent marketing tool for new cancer centers, health fairs or other services. Employees who are taught the appropriate use of information can be incredible brand ambassadors for health systems.8 The Risks of Social Networking in the Age of HIPAA Privacy and Security Rules On the flipside, allowing social networking without proper training and restriction can lead to breaches of privacy in an era in which penalties for such violations are increasingly stringent. The Health Insurance Por- tability and Accountability Act of 1996 (HIPAA)9 and its correspond- ing Privacy and Security Rules' require that individually-identifiable patient health information be reason- ably safeguarded pursuant to the Volume 22, Number 6, August 2010

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