September 2-8, 2011
Ouch! Social media crashes into medical privacy rules
PUGET SOUND BUSINESS JOURNAL SEPTEMBER 2-8, 2011
By Elaine Porterfield
CONTRIB UTING WRITER
Think twice
before posting
Social media can boost a business in many
ways. You can market yourself around the clock!
You can connect with your customers wherever
they are!
PRIVACY
| From
But today’s
powerful
online 22
networks can
cause high-tech headaches for hospitals and
Danahomes
L ew is,
anbyinteractive
marnursing
bound
the legal and ethical
keting
specialist
Swedish
Medical
duty to safeguard
theiratpatients’
privacy.
Center,
in Seattle,
said her
organizaIn a recent
case that provoked
public
outrage,
tion
has adopted
social
for example,
three staffinternet
members atand
Bremerton’s
media
policies
“remind
people
Kitsap Health
and that
Rehabilitation
Center
were
to
think
before they
post anything
fired
after swapping
by cellphone
nude photos
of residents
of the nursing
home as a joke. (The
related
to patient
privacy.”
facility
has true
since closed
other reasons.)feel
That’s
even for
if employees
While protected
that privacy someone’s
invasion was privacy,
obviously
they’ve
egregious,
practices and
guidelines
for
she
said. the
At Swedish,
rule
No. 1 is:
using social
media privacy
in health care
settings aren’t
Respect
patient
online.
always
clear.
“ T h is
is t he golde n r u l e ,” s he
After all, for isolated or ailing seniors —
who often lack mobility — social media such
as Facebook, YouTube and Twitter can bring the
blessings of friend and family contact into their
lives.
Nearly every health care employee, along
with the vast majority of the U.S. population,
carries a phone that’s capable of at least snapping and sharing photos. And nearly half the
population packs smartphones capable of full
social media sharing.
Strict federal law
Yet health care facilities operate under the
15-year-old federal Health Insurance Portability and Accountability Act, known as HIPAA,
which imposes strict rules to prevent disclosure
of personal health information without patient
authorization.
When it comes to social media, many questions remain unanswered about how HIPAA
applies. Are photos kept on someone’s private
cellphone allowed? Does posting the photos to
a blog or website make them public, and therefore forbidden? What about Facebook, in which
users can limit, sort of, who accesses their personal page?
Overall, it’s a brave new world for the health
care industry when it comes to social media, before they post anything related to patient prisays Seattle attorney Sarah Swale, with the firm vacy.”
said.
“W hile
may seem
OK to talk the
most
of actions
could
Lane Powell,
whoitfollows
such issues.
That’s
trueinnocuous
even if employees
feel they’ve
about
anand
interesting
case
if protected
h a v e usomeone’s
n f o r e s eprivacy,
e n c oshe
n ssaid.
e q uAt
e nSwedces,
Twitter
Facebook may
seemonline
old hat to
you’re
notbutment
ioni
he pat ient given how
many users,
in terms
ofng
the tlaw,
ish,the
rule law
No. 1on
is: social
Respect media
patient
by
me,
you new,
a ndand
you
r or
and
privacy
theyna
still
are very
there
is privacy
online. is in f lux. There
ganization
could
be on,
facing
isn’t
a perfect
employee
little case precedent
to rely
Swale a
“This
is the golden
rule,” polshe
HIPA
A likely
violation
if take
there
are
icsaid.
y, a“While
nd Swa
le seem
doesn’t
be said. It’s
going to
several
it may
OK to talk
enough
a i ls iset
n tofherulings
post
l ieve
t here
is a ny
years for a det
significant
about an
interesting
casegener
online ic
if
ftoo rclarify
p a tlimits
i e n t on
s social
t o r media
e c o gpostnize
version
that
will work
all
you’re not
mentioning
the for
patient
themselves.”
hea
lt h cyou
a reandorga
i z at ions ,
ings, photos sent by cellphones or
by name,
yournorganization
Forkept
those
tempted to post
given
the
untested
ramificablogs
by employees.
could be
facing
a HIPAA
violation
something
about the job
that
tions
of are
many
actions
“Though technology
changes
if there
enough
details in
in the
the
Swale
could
y an individual,
social
quickly identif
… the wheels
of litigation
post formedia.
patients to recognize themLmove
ew isslowly,”
said,Swale
“ Wesaid.
encourage
“ Fr iending ” a pat ient on
“It’s difselves.”
ficult to get
ahead
of it go
because
it is so new and Facebook,
For those tempted
to post something
people
to not
even
there.
for example,
couldabout
be the
an
we“ don’t
decisions
yet on it.”
that couldgesture
identify an
Lewis said,
Takehave
a deep
breath
– there are job
amicable
—individual,
or an illegal
disIn last
year’s widely
reportedyourself,”
Bremerton case,
encourage
people to not
even go there.
other
outlets
to express
she “We
closure
of a patient’s
condition.
Kitsap County prosecutors did not file criminal
“Take
a deep
are other
said.
“Once
you breath
friend– there
a patient
on outlets
Facecharges,
statev iDepartment
express
sheAsaid.
I n S but
w athe
l e ’s
e w, t h e ofSSocial
w e d iand
s h to
book,
is yourself,”
it a HIPA
violation? ” Swale
investigation
after asked.
In Swale’s
view,an
theissue,
Swedish
guidelines
are
gHealth
u idelServices
i nes aconducted
re app an
rop
r iat e. E ven
“That’s
a big
issue.”
the son of an 81-year-old dementia patient dis- appropriate. Even the most innocuous of actions
covered that his mother’s photo had been shared could have unforeseen consequences, given how
by nurse aides and a licensed practical nurse.
the law on social media and privacy is in flux.
There isn’t a perfect employee policy, and Swale
doesn’t believe there is any generic version that
Facebook firings
The Bremerton case is not unique. Last year will work for all health care organizations, given
in California, a hospital fired five employees and the untested ramifications of many actions in the
disciplined another for posting what it claimed social media.
“Friending” a patient on Facebook, for
were personal discussions about patients on
Facebook. That sparked a labor dispute after example, could be an amicable gesture — or an
the nurses contended they posted no specific illegal disclosure of a patient’s condition.
“Once you friend a patient on Facebook, is
details about patients that would have violated
it a HIPAA violation?” Swale asked. “That’s an
anyone’s privacy.
In another, more startling case, a man was issue, a big issue.”
Even a seemingly warm gesture such as
brought to a Southern California hospital in
2010 after a stabbing attack by a fellow nurs- posting a picture of a nursing home resident’s
ing home resident. There, employees (along birthday party on an employee’s Facebook page
with some firefighters) took pictures of him could, she said, be problematic.
These privacy concerns can put a damper
as he lay dying, and some of those who were
involved posted those photos on Facebook. not just on digital socializing, but on the ability
Three of the hospital employees ended up los- of a health care business to use social media
to tout good news. For example, doctors at a
ing their jobs.
Locally, health care providers are trying to hospital may have to be careful about citing
their patients when blogging about advances
stay ahead of the curve.
Dana Lewis, an interactive marketing spe- in care.
“We have all these new questions and little
cialist at Swedish Medical Center, in Seattle,
said her organization has adopted internet and tiny answers coming out,” Swale said. “There’s
social media policies that “remind people to think not enough to get a big picture.”
Reprinted for web use with permission from the Puget Sound Business Journal. ©2011, all rights reserved.
Reprinted by Scoop ReprintSource 1-800-767-3263.
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