Are You Connected? - Social Media in Healthcare

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1 Are You Connected? - Social Media in Healthcare Risk Control Director, CNA HealthPro June 15, 2012

2 Social Media What s all the Twitter about? 2

3 Questions.. 3

4 Program Objectives To be able to answer the following questions What is social media? Who uses it? How is it being used in healthcare? What trouble are we getting into? 4

5 Program Objectives (continued) How can we stay out of trouble? Is there coverage for related claims? What is in the future? 5

6 What is Social Media? Andreas Kaplan and Michael Haenlein define social media as "a group of Internet-based applications that build on the ideological and technological foundations of Web 2.0, and that allow the creation and exchange of user-generated content. Kaplan Andreas M., Haenlein M. (2010) Users of the world, unite! The challenges and opportunities of Social Media, Business Horizons, 53(1) Wikipedia states social media includes web-based and mobile based technologies which are used to turn communication into interactive dialogue among organizations, communities, and individuals. Social media is ubiquitously accessible, and enabled by scalable communication techniques. 6

7 Simply said It is a conversation online 7

8 Types of Social Media Blogs Applications where individuals provide entries of any type of content, video to text, to inform or create discussions; entries are date-stamped in reverse chronological order (e.g. Tumblr, Blogspot, Bloglines) Microblogs Blog entries limited to 140 characters (e.g. Twitter, Tweetdeck, Twitterific) 8

9 Types of Social Media continued Social network applications Applications that host multiple communities comprised of people or organizations with profiles who have similar interests, enable users to connect, invite others who can then have access to profiles in the network, send s and messages between users (e.g. Facebook, LinkedIn, MySpace) Photos, Videos and Podcasting Applications that enable users to post and distribute photography, video, and/or podcast (e.g. YouTube, Vimeo, Flickr) Location based Applications that enable users to check in to locations GPS enabled devices 9

10 What is the difference? Website Social Media Monologue Static Information giving Limited reach Company driven Dialogue Dynamic Information sharing Broad immediate reach Consumer driven Expands the word of mouth 10

11 Who Uses It? Facebook More than 901 million active users Average user has 137 friends 50% of active users log on to Facebook in any given day YouTube Every minute 60 hours of video are uploaded 800 million users Twitter Over 106 million users 11

12 Generation Gap Baby Boomers (Born 1946 to1964) Technology is introduced The younger are tech savvy while the older are intimidated Leaders in today s workforce Generation X (Born 1965 to 1980) Engage in technology Excel in technology Department Heads, Staff Nurses, Residents Generation Y a.k.a. Millennials (Born ) Grew up with technology No boundaries related to use of cell phones, computers, social media Staff nurses, technicians, medical students

13 Are You Connected? - Social Media in Healthcare Risk Control Director, CNA HealthPro June 15, 2012

14 14

15 How Are Hospitals Using Social Media? News and services Branding and reputation monitoring Education and Wellness Programs Crisis Communications Staff Training Employee Recruitment 15

16 . And more Sharing peer-to-peer knowledge Fundraising Research 16

17 17

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20 How Are We Getting Into Trouble Using Social Media? HIPAA Violation Employee at Oakwood Hospital & Medical Center in Dearborn, Michigan was fired after she posted negative comments about an unnamed patient on Facebook. Jobs of five nurses in California were at risk after they allegedly posted patient information on Facebook. Consumers are pushing health care professionals to engage in evisits through twitter, , and other non-secured media. Hostile Work Environment Facebook, twitter, blogs and other postings used to express abusive, hostile, demeaning and threatening behavior toward coworkers. 20

21 How Are We Getting Into Trouble Using Social Media? Negative impact on litigation A pediatrician was sued by the parents of a child who died form complications of diabetes. Under a pseudonym, he blogged about his courtroom experiences, discussing sensitive topics as jury preparation tactics and defense strategy. Late in trial, the plaintiff's attorney accessed the blog and identified the defendant as its writer. The next day, the physician settled the case for a substantial amount. An ED complained on his personal blog about uninsured patients using the ED as their primary care providers, creating logjams and preventing doctors from properly attending to urgent cases. Later, he was sued by an uninsured patient, alleging a missed diagnosis. The plaintiff's attorney produced copies of the blog posting, negatively impacting litigation. 21

22 How Are We Getting Into Trouble Using Social Media? Criminal activity A nursing assistant was jailed and banned from using several social media sites for posting at least two dying patient s buttocks on Facebook. Unprofessional conduct 56% of medical boards have restricted, suspended or revoked at least one doctor s license for posting unprofessional content online. Journal of the American Medical Association, March 2012

23 Risks and Exposures Uncontrolled use of social medical and electronic devices can result in Privacy and security breach Unclear professional boundaries Undermine legal defense Bullying and hostile workplace 23

24 Risks and Exposures Providing medical advice Vicarious liability Proprietary breaches 24

25 Risks and Exposures (continued) Copyright violations Discrimination and harassment Damage to brand or reputation Ethical issues 25

26 Risk Management Strategy 26

27 Getting Started Who Should be Involved? Leadership Clinical and Administrative Compliance Risk Management Information Technology Human Resources Public Relations 27

28 First Step Listen to what people are saying.. 28

29 Risk Management Strategies for Using Social Media Establish Strategic Communication Plan Steering Committee Define the goal Identify the audience Select tool or platform Develop the message 29

30 Risk Management Strategies for Using Social Media Commit Resources Determine who is going to manage and maintain communications Consider a dedicated position Education, training, experience in the use and management of social media 30

31 Risk Management Strategies for Using Social Media Policy and Procedure Define social media, scope, limitations Identify organizational spokes person(s) Privacy and confidentiality Rules of use and behavior Organization hosted sites Non-organization hosted sites Copyright laws Proprietary information Conflict of interest Disclaimer 31

32 Risk Management Strategies for Using Social Media Staff training and education New employees and annually covering Provide social media education and training for all levels of staff Integrate HIPAA and privacy training into social media training Rules and etiquette Parameters of use during working and non-working hours Disciplinary consequences of misuse No authorization to speak on behalf of organization 32

33 Risk Management Strategies for Using Social Media Information Technology Review vendor contracts with legal counsel Establish security controls Maintain security and privacy measures 33

34 Risk Management Strategies for Using Social Media Human Resources Policy outlining personal use of networked computers Zero tolerance for offensive, threatening, harassing, defamatory and/or unprofessional behavior Signature of employee acknowledging rules and consequences of noncompliance 34

35 Risk Management Strategies for Using Social Media Compliance and monitoring Monitor use of social media and provide feedback Plan for a crisis 35

36 Insurance Coverage Evaluate existing insurance coverage identify gaps in coverage Directors and Officers coverage may not provide sufficient coverage Discuss with your insurance agent special coverage for social media exposure 36

37 Help is a click away Industry Guidelines Hospital Social Network List and Social Medical Policies List Mayo Clinic Center for Social Media American Medical Association Policy Professionalism in the Use of Social Media, American Nurses Association (ANA) Social Networking Principles Toolkit, 37

38 Industry Guidelines (continued) National Council of State Boards of Nursing Resources On Social Media and Networking for Nurses, On-Social-Media-0001 Center for Disease Control Social Media Tools Guidelines & Best Practices 38

39 The Future. Interactive applications that can store personal health record data used to analyze or turn data into actions that could lead to improved health Smartphone applications for medical monitoring Shared data across research organizations to speed advancements in medicine 39

40 Concluding Comments Questions 40

41 References 2012 Kaplan Andreas M., Haeniein M.(2010) Users of the world, unite! The challenges and opportunities of Social Media, Business Horizons, 53(1). Internet World Stats, Usage and Population Statistics, 2011 Q4, last accessed 2/24/12 How many Facebook Users are There 2012; last accessed 6/5/12 The Beast with a Billion Eyes, Time Magazine Technology, January 30, 2012, last accessed 6/6/12 Social Medial Effective Strategies to Minimize Risk, CNA Alert Bulletin, 2010, Issue 6. Electronic Media: Sound Policies Maximize Benefits, Minimize Improper Use, CNA Alert Bullentin, 2010, Issue 3. Rob King, 8 March 2012 Mail Online, Female nursing assistant is jailed and banned from using websites for posting dying patients buttocks on Facebook. Bennett, Ed., Director Web Strategy at the University of Maryland Health System, Hospital Social Networking List, October 19, 2010, Last accessed June 6,

42 Disclaimer The purpose of this presentation is to provide information, rather than advice or opinion. It is accurate to the best of the speaker's knowledge as of the date of the presentation. Accordingly, this presentation should not be viewed as a substitute for the guidance and recommendations of a retained professional. In addition, CNA does not endorse any coverages, systems, processes or protocols addressed herein unless they are produced or created by CNA. Any references to non-cna Web sites are provided solely for convenience, and CNA disclaims any responsibility with respect to such Web sites. To the extent this presentation contains any examples, please note that they are for illustrative purposes only and any similarity to actual individuals, entities, places or situations is unintentional and purely coincidental. In addition, any examples are not intended to establish any standards of care, to serve as legal advice appropriate for any particular factual situations, or to provide an acknowledgement that any given factual situation is covered under any CNA insurance policy. Please remember that only the relevant insurance policy can provide the actual terms, coverages, amounts, conditions and exclusions for an insured. All CNA products and services may not be available in all states and may be subject to change without notice. CNA is a registered trademark of CNA Financial Corporation. Copyright 2012 CNA. All rights reserved. 42

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