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Seattle University Collaborative Projects - International Academy of ...

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Social media are exerting evolutionary pressure on doctors. Different subpopulations <strong>of</strong> doctorsare responding in different ways: (1) The ostrich ignores social media. He continues withbusiness as usual. He sees e-mail as analogous to and uses it like the telephone. He has heard <strong>of</strong>Facebook and Twitter, but does not understand and is too busy to learn about them. (2) Thescaredy cat sees risks and runs the other way. She has learned a lot about social media. She hasread all the stories about the doctor who lost her job because <strong>of</strong> Facebook. She abstains fromsocial media and buys e-reputation insurance to protect herself from online libel. (3) The bullcharges ahead undeterred. He finished his residency US$ 229,132 in debt, started a privatepractice, and uses social media to try to gain a competitive edge. He Skypes with patients inother states and countries, blogs daily about his life as a young doctor, accepts all requests to be"Facebook friends", "follows back" anyone who "follows" him on Twitter, answers questionsfrom patents and others online, and has 54,986 followers and a Klout score <strong>of</strong> 63. (4) Thejudicious health pr<strong>of</strong>essional responds the most adaptively, by learning about risks, safeguards,and potential benefits; discussing them with each patient; and introducing social media intothe doctor-patient relationship with, and only with, informed consent. Dr. Hsiung's presentationincludes his actual e-mail, Facebook, and Twitter informed consent forms.HIPAA Privacy Implications <strong>of</strong> Social MediaStacey Tovino, <strong>University</strong> <strong>of</strong> Nevada at Las Vegas (Stacey.Tovino@UNLV.edu)This presentation will examine federal and state statutes and regulations governing healthinformation confidentiality in the context <strong>of</strong> social media use by physicians, hospitals, and otherindividual and institutional health care providers. More specifically, this presentation will: (1)provide examples <strong>of</strong> the ways in which individual and institutional health care providers useFaceBook, Twitter, YouTube, and blogs to share information with friends and the general public;(2) provide an overview <strong>of</strong> federal and state rules governing health information confidentiality,including recent updates to the federal HIPAA Privacy Rule and more stringent state statutes andregulations governing health information confidentiality; (3) identify the ways in which healthcare providers’ use <strong>of</strong> social media implicates federal and state health information confidentialitystatutes and regulations; (4) address permissible and impermissible uses <strong>of</strong> social media withrespect to health care providers' online communications with patients and friends as well as theprovision <strong>of</strong> health care advice and information to the general public; and (5) provide examples<strong>of</strong> recent federal and state enforcement actions to illustrate the types <strong>of</strong> civil, criminal, andadministrative penalties that can be imposed on covered entities and business associates who failto maintain the confidentiality <strong>of</strong> protected health information. The objectives <strong>of</strong> thispresentation include familiarizing conference attendees with the United States’ federal and staterules regarding health information confidentiality and the ways in which health care providers’social media use implicates such rules.256

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