what happens online - amazon s3 · the numbers • 2016, 2.3 billion active sm users • 65% of...
TRANSCRIPT
What happens
online stays…
ONLINE
Disclaimer: The views and opinions expressed in this presentation are solely those of the author
PSIC does not set practice standards
We offer this only to educate and inform
Disclaimer
Copyright 2017 - NCMIC Insurance Company
Social Media
Professional/Personal Pitfalls
Healthcare
Real Examples
Employees/Employers
What is Social Media?
Information, opinions or visual imagery created,
shared, exchanged or “liked” through virtual
communities, networks and sites.
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The Numbers
• 2016, 2.3 Billion active SM users
• 65% of American adults use SM sites
• 500 Million tweets per day, 6000 tweets every second
• 2015, $8.3 Billion generated from social networking advertising
The Numbers and Facebook
• 8 in 10 Americans use Facebook
• 76% of Facebook users visit the site daily; 55% visit multiple times per day
• 93% of Twitter users also use Facebook
• 95% of Instagram users also use Facebook
• 92% of Pinterest users also use Facebook
The Statistics
Facebook 2016
• Announced 1.79 billion total number of active users world
wide. (Statistic Brain)
• Every 60 seconds 510k comments are posted, 293k
statuses are updated, and 136k photos are uploaded.
Twitter 2016
• 1.3B accounts.
• 500M tweets sent each day (6000/sec!)
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The StatisticsInstagram 2016
• 400M active users. • 3.5B likes everyday. • 80M photos shared per day on average.
YouTube 2016
• 1.3 billion users• 300 hours of video content are uploaded every minute• Nearly 5 billion videos are watched every single day• More content is uploaded to YouTube in 30 days than all three major TV
networks combined have created in 30 years!
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What Doctors Are Doing?
• Doctors, like patients, utilize social media in various ways
too.• A desire to gain medical knowledge from peers
• Forums to discuss cases with peer community
• Promote better health among public
• Marketing & Branding opportunities• Staying in front of patients and potential patients by actively utilizing
social media – providing links, information, blogs, etc.
• Build an online identity sharing information (limited) about
themselves, their practice, etc.
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• Doctors generally receive little to no training on how to effectively utilize and deal with social media within their formal education.
• JAMA Study 2009
• George Washington University and Johns Hopkins University
• Findings
– 78 medical schools responded; 60% reported violations of patient confidentiality, profanity, discriminatory language, depiction of intoxication or illicit substance use, sexually suggestive material and neg comments about
Doctor’s Training?
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• Further Outcome from Study:
• 62% of medical schools have no
professionalism policy for student posting
online content
• 11% of Deans stated they were developing
policies
• 50% said they were going to update existing
policies
Healthcare Usage
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• Hospital Usage is on the Rise!!
• As of 2013 (Ed Bennett Hospital Social Networking List)
– 716 You Tube channels (compared to 398 in August 2010)
– 1292 Facebook pages (compared to 631 in August 2010)
– 998 Twitter accounts (compared to 634 in October 2010)
– 209 Blogs (compared to 87 in August 2010)
– Patients now can stay informed, have more control over their own healthcare and
learn from experts at their own pace
Healthcare Usage
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Why is Social Media Effective
9 out of 10 people don’t trust advertising
8 out of 10 trust recommendations from people they know
Why Does Social Media Matter?
• More than 40% of consumers say that information found
on social media affects the way they deal with their
health. (Source: Mediabistro)
• 90% of respondents from 18-24 years old said they would
trust medical information shared by others on their social
media networks. (Source: Search Engine Watch)
• 41% of people said that social media would affect their
choice of a specific doctor, hospital or medical facility. (Source: Demi & Cooper Advertising and DC Interactive Group)
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• Of the 74% of adults who use the internet;
– 80% of internet users have looked online for
information about health related topics
– 34% of internet users, or 25% of adults, have
read someone else’s commentary or experience
about health or medical issues on an online
news group, website, or blog
– 24% of internet users, or 18% of adults, have
consulted online reviews of particular drugs or
other healthcare treatments
Why does Social Media Matter
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Professional Pitfalls
Communication Styles
HIPAA violations
Professional profiles
Friend-ing patients
Medical advice
Healthcare relationships
• Face to Face –
– Can see, hear, perceive
– Careful about the volume and nature of the
information disclosed – aware of audience
• Internet –
– Not able to hear tone/voice inflections
– Cannot see body language & non-verbal
communication
– Not so careful. Lack of awareness or
obliviousness about who will view. Millions of
unknown users may stumble upon the
Communication Style
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• Presenting material clearly in person, reacting to them in clinic
personally and being available for discussion
• Using social media cannot replace YOU!
Technology Secondary to Face/Face
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HIPAA
• HHS reports that the majority of HIPAA violations from
recent years have occurred from employees mishandling
PHI – many from the misuse or inappropriate social media
sharing.
• HIPAA civil penalties can range in fines from $100 -
$1,500,000
• Criminal penalties can also be assessed resulting in fines
from up to $250,000 and 10 years in prison.
• Loss of license or termination of employment are also
consequences that could be faced.
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HIPAA
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• Posted to Facebook: CA 60 year old male stabbed 16 times in the neck by nursing home roommate. EMS and ER personnel posted the photos.
• Cawley-Jean, N. Why is it so hard for hospital staff to follow HIPAA rules when using social media? August12, 2010
HIPAA Violation
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• November 2nd, 2011
• Psychiatrist on trial for disclosing PHI without
authorization
• Patient treated by psychiatrist
• Patient complains about psychiatrist
• Psychiatrist finds out and tells her employer
to put her on a “psychiatric hold”
Virginia Federal Prosecution
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• Certified nursing assistant took a picture of
a paraplegic patient in a compromising
position
• CNA says to her co-worker; “This is too funny.
I need to take a picture of this”
• Coworker: “Please don’t take the picture.
Coworker notices picture on Facebook wall.
Reports to employer (as required under
HIPAA/HITECH)
• CNA fired, arrested and facing voyeurism
charges
Indiana Federal Prosecution
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• December 2009
• Governor Tweeted: “Glad the Legislature
recognizes our dire fiscal situation. Look
forward to hearing their ideas on how to trim
expenses”
• RN tweeted back: “Schedule regular
medical exams like everyone else instead of
paying UMC employees overtime to do it
when clinics are usually closed”
• RN indirectly referenced PHI
State of Mississippi
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Personal Pitfalls
YOUR DIGITAL FOOTPRINT IS
WIDE AND ALWAYS
LEFT BEHIND
Personal Pitfalls
– Pictures
– Political Views
– Cultural/Religious Views
– Opinions
– Posts, articles, pictures that damage your
credibility as a professional
– Personal issues, arguments, rants
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Patient Communication – Personal Concerns
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Employees and Social Media
They are cognizant of the
vulnerability of their reputations
on digital media
but are unwilling to sacrifice
internet participation
Social Media – Personal Concerns• Usage on your personal social media accounts
will always reflect upon your professional title.
• You are always known as or associated with
your job/career/employer
• Posts, tweets, pictures, video, etc., may not
only have an impact upon you and your
character, but the perception of the
profession.
• The public can have a tendency to attribute
certain traits and behaviors to an entire group
based upon the actions of one.Copyright 2017 - NCMIC Insurance Company
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Employee Pitfalls
and
Employer Techniques
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Patient Communication: Social Media & Employment
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• Employers increasingly using job applicants social networking profiles to supplement job applications
– 2010 study reported that 75% of recruiters used the internet as part of their applicant screening process (Walker).
• Individuals see “junk” as a joke to be only viewed by “friends”, prospective employers are another story
• Employers need to tread carefully if making an employment decision based on “profiles”
– Should have a neutral third party (other than the hiring party) screen the profiles of the candidates. They should be trained in what to look for and convey back to hiring party. They should also be trained in what not to report back to hiring party so they are avoiding information that could trigger laws in place.
Employer Advantages/Risks
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• Almost 30% of job applicants denied
employment when potential employers
discovered information about them posted
over the internet
– Parker K.: “Web Warning for Youths: Employers
are Watching” Real Clear Politics, March 9th,
2007.
• Employee posts – In personal use of social
media, employees can post information that
prompts disciplinary action
“Employers are Watching”
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• Once you send/post you can’t
UNSEND/POST
– If it’s posted on the internet, consider it
permanent – even if you delete posts, emails,
picures, etc.
– You may limit it to an audience with your privacy
settings, but that doesn’t mean your audience
won’t share, repost, or even copy and save
(screen cap).
– WayBackMachine – http://archive.org
• Internet archive with over 402 billion webpages saved
– All attorneys are aware this site exists and use it
Problem?
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Malpractice Cases
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Before and After and Texting
Facial Nerve Injury Case
Patient alleges poor informed consent leading to
nerve injury
Complaints of facial sensitivity to hot/cold,
drooling, pain upon drinking
Employee and Social Media
• Currently on the lookout for a lost old person
#NursingHomeProbz
• Today we had a terrible fall with a serious
head injury and lots of blood. Calls for
subway and some beers. ray@rachelm93
• Sucking down coffee like its my job in order
to function for this 8hr shift I am working…by
myself. erinm@eske7
Public Awareness
• Nursing Home case
• Juror problems case
• Hospital case
Example #2:Patient comes back to clinic to photograph for lawsuit
Avoiding Pitfalls
1. Social Media policy
2. Maintain privacy on public and private channels
3. Consequences!
•You need to have something in place!
•To protect your patients’ rights
•To instill professionalism throughout your
enterprise
•To protect you and your organization from liability
•To protect your employees from liability
Social Media Policy
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• If the doctor or organization does not know
that employees are posting PHI but knows of
the popularity of social networking websites
and that its employees use such websites;
• Under Proposed HIPAA changes – may be “willful
neglect” if no policies and procedures are in place
• In the HIPAA proposed rule, HHS focused on lack of
policies and procedures
Why have the Social Media Policy?
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• http://sharing.mayoclinic.org/guidelines/for-
mayo-clinic-employees/
• https://ww2.mc.vanderbilt.edu/socialmediat
oolkit/26838
• http://socialmediagovernance.com/policies/
(this site has 251 policies available)
Policy Examples
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• Check your privacy settings on social networks
• Remember doctors are held to higher standards of
personal conduct than other groups in society
• Malpractice allegation? Don’t talk about it on a
social networking site. Remember any social
networking site can be used against you in any
litigation and displayed on a large screen before a
jury in court.
Recommendations
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In case of FIRE …
EXIT building
before
posting it on
Social Media
QUESTIONS?
Thank you for attending
today’s risk management
seminar
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please contact PSIC’s risk management division
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