Social Media - HCCA Official Site · Social Media ˜ Kortney Nordrum, Esq., CHC, CCEP Mevo Creative Presentation 2 I am a lawyer, but I am not your lawyer – nothing in today’s

4/27/2015

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Mevo Creative Presentation 1

Behind the CurtainSocial Media

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Kortney Nordrum, Esq., CHC, CCEP


I am a lawyer, but I am not your lawyer –nothing in today’s presentation is legal advice or should be construed as such.

Standard Disclaimers

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I work for HCCA, but everything you’re going to see and hear in the next 2 hours is my own opinion and does not reflect the

views of HCCA or it’s leadership.


“…in 2005 Facebook didn’t exist for most people, ‘Twitter’ was still a sound, the cloud was something in the sky, 3G was a parking space, applications were what you sent colleges, and

‘Skype’ was a typo…” – Thomas Friedman

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What is Social Media?Websites and applications that enable users to create and share content or to participate in social networking

Facebook, LinkedIn, MySpace

Social Networks

YouTube, Vimeo, Hulu

Video

Yelp, Amazon, Trip Advisor

Reviews & Ratings

WordPress, Blogger, Twitter

Blogs & Streams

Tumblr, Instagram, Pinterest

Pictures

Mevo Creative Presentation

Why Should I Care?

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>40% consumers say info found via social media affects how they deal with their health

Surprising Stat #1

60% of doctors says social media improves the quality of care delivered to patients

Surprising Stat #2

30% of adults share information about their health on social media sites (47% with doctors)

Surprising Stat #3

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Your friends use itYour employees use it

Your clients/customers/patients use it

Power in Numbers

Help them find it and establish yourself as a resource

Others are Searching for Information

A solid social media presence will help drive google to your

website or business

Google Cares

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PREPARE FOR CRISIS

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Photo Sharing Join Groups Events Chat


Interactive Business Cards Share Projects & Goals Network in Groups Be a Writer

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Follow Others Search Hashtags Join the Conversation Retweet


Search Share Tag Analytics


Pinning Boards Following Maps

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Photos Filters Hashtags Video


Watch Videos Create a Channel Share Monitor


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Discussion Groups Social News Support Blogs

Other…

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Security & Privacy of PHI and ePHI, Breach

Notification.

HIPPA

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Security & Privacy of PHI and ePHI, and Breach Notification

with Business Partners & Contractors

HITECH

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NLRB DECISIONS

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Endorsement, testimonial and

employee disclosure rules.

FTC GUIDELINES

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Record retention, privacy, employment,

and anything else your state wants to

regulate.

STATE LAWS

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Lobbying & political activity.

IRS

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Employee rights and actions. Employment

decisions.

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Record Retention.

ACA

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Record Retention.

ERISA

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EEO LAWS

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Copyright infringement.

IP LAWS

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Privacy & Ethics of medical professionals.

AMA PRINCIPLES

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Anything your organization chooses to regulate or monitor.

INTERNAL POLICIES

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Discrimination in employment decisions.

Accommodations.

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HIPAA

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HIPAA Violations

Disclosures made on social media

concerning a patient’s PHI without that

patient’s authorization.

Use of PHI by covered entities

Privacy Rule

3 Safeguards for ePHI –administrative, physical, and technical.

Security Rule

Civil penalties for breach, procedures for investigations and hearings.

Enforcement Rule

Addition of Business Associates along with covered entities

Omnibus Rule

Breach notification and security rule updates.

HITECH Act

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Patient attempts to “friend” an attending

physician on Facebook

#1

A lab tech blogs that his lab equipment is

unreliable and should have been replaced

years ago

#3

Medical students take photos of a shark

attack victim with their phones and then email

them to friends

#5

A peds nurse posts pictures of babies in

the nursery

#2

A marketing rep tries to “defend” the hospital

against a patient’s angry rant

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Potential HIPAA Violation Scenarios

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Apply to most private sector employers, including manufacturers, retailers, private universities, and health care facilities.

NLRB Decisions

You may not be able to tell employees not to discuss drinking benders or strip clubs on their social media – you can ask them not to identify themselves as an employee of your company on social media.

FYI

Any social media post which can be construed as about wages, hours, or working conditions and are discussed with other employees or targeted to an audience that may include other employees are PROTECTED.

Concerted Activity

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Under recent decisions, employers are not allowed to restrict employees from the following on social media: gossiping, complaining, using profanity, making disparaging remarks about the employer, posting while at work, communicating with the media about the company…

Virtual Water Cooler�


Harassment IssuesEmployees will talk to and about each other on social media

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Harassment comes in all forms…

� Facebook – 62%

� Email – 20%

� Sexual – 44%

� Professional Character – 28%

� Snapchat – 5% � Classist – 13%


Intellectual Property Issues

infringement

D M C A

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Regulations for tax-exempt organizations

IRS Issues

Candidates Campaigns

Employee Participation

Lobbying


Federal Trade Commission Issues

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Tweeted to 20,000 followers

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Doesn’t disclose employment relationship

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Nordrum North is NOT the best heart hospital in MN

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Data about Generic Heart Center is false

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Retweeted by @NordrumNorthHosp to

20,000 more followers

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“Nordrum North is the BEST heart hospital in MN!

1 in 3 patients die at Generic Heart Center!”

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Doing It Wrong


Doing It Wrong

4 Kansas Nursing Students Expelled

for Posing with Placenta


Doing It Wrong

Man vs. 6 Train

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Doing It Wrong


Doing It Wrong


Doing It Wrong

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Doing It Right

The Navy-Marine Corps Relief Society asks patients to follow certain professional Facebook

pages. The nurses watch over their Facebook flock, intervening when

they see troubling behavior.


Doing It Right


Doing It Right

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Drafting a Social Media Policy

There’s No “One Size Fits All

Provide employees with a clear understanding of what constitutes appropriate, acceptable, and lawful business behavior in plain English. Look at existing policies for similar organizations (Mayo Clinic, Intel, etc.)

Don’t Be Vague

The NLRB has determined that vagueness is never good. Give explicit examples of acceptable and unacceptable behavior. Be very careful about telling employees what they can and can’t do with their own personal social media accounts

You Can’t Control, But You Can Manage

Trust is cheaper than Control. Aim to create policies that support, protect, and empower your employees to engage on social media in a responsible manner. Emphasize education

Consider Two Policies

Best practice is to have separate social media policies for employees using social media as part of their job and one for employees using social media in their personal lives

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Avoid the 3 D’s

Disclosure Discrimination Defamation

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P O S

What are people looking for?

People

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What are you trying to accomplish? What are

your goals?

ObjectivesHow do you want your relationship with others

to change?

StrategyWhat channel or media should you use? Why?

Technology


Where do your people live?

LinkedIn

Twitter

Facebook

Pinterest

Instagram


Become a Trusted Resource

Add Value, Information & Guidance Be Helpful, Honest & Engaging Interact – Community & Audience Use Several Platforms

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Give Your Staff, Leadership &

Community a VoiceSolve a Problem Answer Questions

Humanize Your Organization

Make an Existing Process Better

Share Interesting & Relevant Information

Share the Importance of a Common Mission

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Twitter users meet at a pre-determined time to discuss a certain topic, using a designated hashtag (#) for each tweet contributed.

Twitter Chats

They provide a chance to network and grow your community.Focus on connecting and learning, showing your expertise, not “selling”.

Why Participate?

Always include the hashtag.

Include a “.” in front of @ to show in all feeds

Tips

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Nurph – A comprehensive chat tool with rooms for chats, replays of chats, chat analytics, and RSVP functionality

Storify – Easy and effective way to create a recap of each chat

Twubs – Register your hashtag for a new chat

Chat Salad – great site for finding chats to join

Resources & Sites�

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Start making educational videos and posting them online for anyone to watch anywhere, for free

Start a YouTube Channel

It’s a relatively easy and cheap way to promote your program and share your compliance resources. By integrating your channel with Facebook & Twitter, you get more bang for your buck

Why?

Upload new content regularly

Respond to comments on your video in a timely manner

Stick to a schedule – it builds loyalty & credibility

Tips

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Fotor – Create an eye-catching banner for free

Audio Swap – an app that let’s you change audio on existing video (avoid copyright issues)

Remixer – Edit videos already loaded into YouTube


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Allows people to come together around a common cause, issue, or activity to organize, share goals, discuss issues, post photos, and share related content

Create a Facebook Group

Empower others to rally around your community is a real, human way. New posts by a group are included in the News Feeds of all members

Why?

Privacy settings allow you to control who can join

Create events tied to the group

Authenticity is the core of Facebook

Tips

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Fotor – Create an eye-catching banner for free

HCCA’s Group

Steal ideas from groups you’ve already joined


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Allows users to share and save content to virtual boards. Build your reputation by repinning, commenting on and liking other pins.

Create a Pinterest

Pinterest is a visual platform that offers a user experience other platforms don’t. Combined with your other efforts, use it to create content balance.

Why?

Invite others to pin to your group boards

Strike a balance – share information for your target audience and build boards about your business

Use Rich Pins to add details

Tips

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Mayo Clinic – Pinterest

HCCA - Pinterest

Constant Contact - Pinterest


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Users upload pictures with a specific hashtag – and are entered to win a prize

Run an Instagram Contest

Contests are a great way to generate engagement with your followers, gain new followers, and get some great photos to help market your compliance program

Why?

Ask for content that deepens the emotional connection between your participants and your program

Keep your hashtag as short and simple as possible

Tips

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Iconosquare – Search common hashtags and browse current Instagram contests

Wishpond – Instagram contest ideas

Social Media Examiner – Great site for ideas, examples, do’s and don’ts


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Target your audience and let them take your information and training with them anywhere – make learning more convenient for your audience

Start a Podcast

Instant credibility. Grow your audience. There’s no spam. No commercials (unless you add them). Everyone has a smartphone and/or computer.

Why?

Publish regularly and be reliable

Interview experts, thought leaders, and “celebrities”

Edit, edit, edit – make sure it’s pleasant to listen

Tips

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DavidJackson.org – Podcasting Consultant & Coach

Great Podcasters: Michael Stelzner, Pat Flynn, Jay Baer Freakonomics Radio, and NPR’s Serial


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The secret to good communication is varying delivery

Start a Compliance Blog

Help build internal ethics conversations through a public forum. The world wants to feel connected and wants authenticity – you can build both through a blog.

Why?

Publish regularly

Get ideas from your audience

Be humble, honest, and authentic

Tips

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ComplianceAndEthics.org – SCCE & HCCA’s blog

WordPress – The most popular blogging platform

BufferSocial – Great tips for beginning bloggers



Additional Resources

Mayo Clinic Social Media Health Network

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HCCAnet

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Healthcare Hashtag Project

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Your Peers

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Documents

Social Media - HCCA Official Site · Social Media ˜ Kortney Nordrum, Esq., CHC, CCEP Mevo Creative Presentation 2 I am a lawyer, but I am not your lawyer – nothing in today’s