s, Texts and Social Media: What Physicians Need to Know

Transcription

1 s, Texts and Social Media: What Physicians Need to Know 1

2 Today s Learning Objectives By the end of today s program, you will be able to : Identify the risks to patients privacy which , text messaging and social media pose Recognize the malpractice risk associated with using , text messaging and social media Assess best practices to follow if using , text messaging and/or social media 2

3 A QUICK SHOW OF HANDS: If your practice had a secure patient portal, would you use it to post patient test results? 3

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5 Defining our terminology: WHAT WE ARE TALKING ABOUT TODAY? 5

6 s, texts, & instant messages About patient care Not in a patient portal 6

7 Patient Portal The part of your IT system that allows for secure communication about patient s health information. 7

8 Social media Websites where users: connect online comment on, or reply to comments rate information post information, pictures or videos 8

9 Who am I communicating with? Patients Consultants Internal Other facilities 9

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11 Electronic communications: WHAT ARE THE RISKS? 11

12 RISK 1: Not capturing all patient care in the medical record. 12

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14 RISK 2: Nothing is anonymous. Everything is discoverable. 14

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16 RISK 3: Accidentally establishing a physician-patient relationship. 16

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18 RISK 4: HIPAA & Privacy Breaches 18

19 How much do you care that only you have access to this information? 19

20 RISK 5: Angering your patient 20

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23 RISK 6: Damage to your professional reputation 23

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26 RISK 7: Legal and ethical considerations 26

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29 Mitigating Electronic Communication Risk: WHAT NOT TO DO 29

30 Beware of red flags DO NOT: Provide medical advice or comment on medical issues through social media websites or other websites such as healthtap Text orders Use abbreviations Use for emergencies 30

31 Avoid angering patients Do not: Discuss sensitive subject matter Discuss patients anonymously 31

32 Protect Privacy Do not: or text message a patient from a personal address or phone number. Message or post any PHI anywhere unless it is: Encrypted Limited to those who should have this information Post in response to unfavorable comments online 32

33 Avoid legal issues DO NOT: Post any confidential or proprietary information Comment on legal issues Post content that is not your own without express written permission Refer to financial or other relationships you may have with professionals of products or services Refer to products or services of third parties that you discuss or review online. 33

34 Protect your identity Do not: Allow any other person or entity to use your identification for posting or viewing comments. 34

35 Act ethically DO NOT: Engage in bullying or discrimination Post anything that is defamatory, libelous, threatening, harassing, abusive, obscene, knowingly false or otherwise inappropriate Post advertisements or solicitations of business Post chain letters, spam or pyramid schemes Impersonate another person 35

36 Mitigating Electronic Communication Risk: WHAT TO DO 36

37 Remember it s discoverable DO: Recognize that anything said or otherwise posted on social media websites is in the public domain and potentially subject to discovery. 37

38 Integrate your systems DO: Ensure all communications get into the medical record in a timely manner Make it easy to do Establish safeguards 38

39 Accept limitations DO: Utilize in person or over the phone communications when the subject matter calls for it Ensure diagnosis and treatment takes place in person. Remember you are not in control of what happens after you hit send/submit Watch your tone and be on the lookout for miscommunications Be sure to read things before you hit send 39

40 Protect privacy DO: Encrypt it, and use patient portals when available. Just because the patient identifies themselves, doesn t mean you can. Use privacy settings on social media, , etc. Remember, unencrypted s, texts and social media present a higher risk for breaches, and are not HIPAA compliant unless additional steps are taken to protect PHI and you have the patients written permission. 40

41 Keep it professional DO: Recognize that behavior on social media websites reflects not only on the individual, but on your practice, colleagues, and the medical profession Use disclaimers. An example: The views expressed here are solely the author s and do not represent the opinions of [practice name]. Use common sense: If in doubt, do not post it. Inform the compliance officer if a colleague s social media behavior is inappropriate. 41

42 Set rules Do: agree what is and isn t acceptable formalize your rules ensure all staff understand and follow them 42

43 Get permission Do: Get signed permission from patients before using e-communications 43

44 HOW TO GET STARTED 44

45 A QUICK SHOW OF HANDS: Are you confident that you know what kind of electronic communications are occurring in your practice? 45

46 ASSESS WHAT YOU KNOW Be sure you REALLY know: How am I communicating? Who am I communicating with? Where am I communicating from? What am I communicating about? Why are we communicating this way? Keep an updated record 46

47 A QUICK SHOW OF HANDS: Are you feeling overwhelmed by all of this information? 47

48 EVALUATE YOUR STRATEGIES Decide on the do s and don ts, and formalize them into a policy for your practice. Cover: Texting, , social media, patient portals Personal and professional accounts Have everyone sign the policy to show they are aware of it 48

49 MANAGE YOUR PROCESSES Update your processes: Who can do what? Who do I inform if something is wrong? Train: Doctors Staff Get patient consent in writing for texting, , and/or patient portals 49

50 MEASURE AND MONITOR Are you: Following your own rules? Reviewing your policies at least annually? Still meeting your practice needs? Conducting ongoing training when needed? If so, celebrate! If not: Repeat: Assess, Evaluate, Manage and Monitor Consider disciplinary action 50

51 QUESTIONS? 51

52 Thank you for joining us today! Our final takeaways: Know what is actually happening in your practice Set rules about what should and shouldn t happen Make sure everyone understands the rules Monitor and revisit technology changes rapidly!

53 How to Claim CME Credit Claim credit at by July 31, Use access code Questions? AMA staff will be available in the Crystal Ballroom Foyer to provide assistance. You may also view the following online tutorial: 53