HIPAA Compliance and Your Social Media Strategy

Impact Of HIPAA On
Your Social Media Strategy

Developing A Privacy Policy & Social Media
Policy For Your Dental Practice

Art Ruiz, Jr. & ReachLocal, Inc. 2012 ©

Founded In 2004
NASDAQ: RLOC
64 Offices Worldwide
Over 1,500 Employees

> 18,000 Online Campaigns For Dentists
> 400,000 New Patient Calls
> 2,000,000 Web Events

Art Ruiz, Jr.
Internet Marketing Consultant
10 Years+ Advertising Field
Expert In Web Presence Optimization, Search Engine
Marketing, Search Engine Optimization, & Social Media.


HIPAA


HIPAA – Health Insurance Portability &
Accountability Act (1996)

“The Intent Of This Act Is To Protect Clients,
Reduce Fraud, Improve Quality Of Health Care,
& Set Strict Standards For How Private
Information About Clients Is Transmitted.”*
- Melissa Nicole Freeburg


TITLE II Is Broken Down Into 5 Rules:


The Privacy Rule

The Transactions & Code Sets Rule

The Security Rule

The Unique Identifiers Rule

The Enforcement Rule
- 45 C.F.R. § 160.103.


Protected Health Information (PHI)

The Privacy Rule Protects All “Individually
Identifiable Health Information” Held Or
Transmitted By A Covered Entity Or Its
Business Associate, In Any Form Or Media,
Whether Electronic, Paper, Or Oral.
- 45 C.F.R. § 160.103.


Treatment, Payment & Operations (TPO)

Treatment Is The Provision, Coordination,
Or Management Of Health Care & Related
Services For An Individual By One Or More
Health Care Providers...
- 45 C.F.R. § 164.501.



Payment Encompasses Activities Of A
Health Plan To Obtain Premiums, Determine
Or Fulfill Responsibilities For Coverage &
Provision Of Benefits...For Health Care
Delivered To An Individual.
- 45 C.F.R. § 164.501.


Health Care Operations -
Quality Assessment Including Case Management &
Care Coordination, Provider Or Health Plan
Performance Evaluation, Medical Reviews, Audits
Or Legal Services, Fraud & Abuse Detection,
Compliance Programs, Business Planning,
Development, Management, & General
Administrative Activities.
- 45 C.F.R. § 164.501.


Authorized Uses & Disclosures
Authorization -
A Covered Entity Must Obtain The Individual's
Written Authorization For Any Use Or Disclosure
Of Protected Health Information (PHI) That Is Not
For Treatment, Payment Or Health Care
Operations Or Otherwise Permitted Or Required
By The Privacy Rule.
- 45 C.F.R. § 164.508.


Authorized Uses & Disclosures

Marketing -
Is An Arrangement Between A Covered Entity &
Any Other Entity Whereby The Covered Entity
Discloses Protected Health Information, In
Exchange For Direct Or Indirect Remuneration...A
Covered Entity Must Obtain An Authorization To
Use Or Disclose Protected Health Information For
Marketing.
- 45 C.F.R. § 164.508.


Health Care Adoption Of Social Media


Social Media Policy for The Practice
• Clarify That Social Media Is Subject To HIPAA Regulations
& It's Penalties

• Clarify That Work Comes First – Activity Should Not Interfere
With Work Commitments

• Encourage Respectful, honest, & Valuable Social Media Activity
(Sharing, Commenting, Liking, Etc. )

• Contact Information For Questions

• Editable Social Media Policy Word .doc Available Upon Request


It's In The Wording.
Don't Offer Advice Or Consultations Online.
– My Molar Is Really Sore, What Should I Do?
- “Hey Sally – I Would Try To Extract That Tooth First, Then See If That Feels Better.”
+ “Hey Sally – Give Us A Call At The Office To Schedule Some Time To Look At That.”

Protect Your Patients' Privacy, Always.
– Dr. Smith Is The Best Dentist Ever.
- “It Was Good To See You Today, Hope Your Dentures Fit Better This Time.”
+ “We Appreciate Your Feedback.

Honest Mistakes Are Still Your Problem.
Our Patient Referral Winners For May: Mary Smith Dave Jones $100 (Tagged In Photos)
- Are You Really Protecting Your Patients?
+ “Congratulations To Our May “Refer A Patient” Program Winners”. Each Winner received a
$100 Gift Card To Chick Fil A.”


It's In The Wording...
When In Doubt, Take It Out! Period.
– You Guys Run A Horrible Practice And Are A Bunch Of #@(#*@)!
- “You Are A Horrible Little Man That Needs To Be Slapped.”
+ Remove Or Delete The Comment. Remove User Or Block User From Posting Again.

You Never Know Who Is Listening.
– This Morning, We Just Treated The Worst Case Of Halitosis Ever, Hopefully He Will
Brush His Teeth More & Floss More. His Son Complained About His Coffee Breath.
- Identifiable Information, Enough To Figure Out Who It Was?
+ “Here Is A Great Article We Found About Treating Coffee Breath.”

Get Authorization First, Then Post Responsibly.
Isn't Little Suzie The Cutest Patient Ever? Practice Tagged Mom's Photo Of Kid.

- Done Right, Maybe. Good Idea, Probably Not.
+ “Isn't This The Cutest Smile Ever?” No Tags, No Reference To Suzie's Name


It's In The Wording...
Never, Ever Promise Or Guarantee Results.
– I Have Crooked Front Teeth, Do You Offer Free Consultations?
- Come In And See Us, We Promise To Make Your Smile Look Like This. (Picture Of Perfect Teeth.)
+ We Have Helped Hundreds Of Patients Get Great Smiles, Call Us At The Office To Set Up An Appointment.

Be Respectful, Everyone's Watching & Reading
Dr. Smith Is The Worst Dentist Ever.
- ”We Just Asked You To Pay Your Bill On Time For Once.”
+ ”Please Call Us To Resolve Your Issue.”

Be Relevant, Or Don't Post Anything.
Obama Dental Care Is Going To Hurt Everyone In The Long Run.
- Never A Good Idea To Talk Politics, Religion, Sensitive Topics Online.
+ Informative, Positive, Engaging, Appropriately Humorous Content Is King.


Creating A Social Media Publishing
Policy For Your Practice.


Why Is This Needed?
HIPAA Compliant
Reputation Management
Brand Management
Accountability
Expectations
Appropriate Sites
Appropriate Content


What Should Go Into A Social Media Policy?

Tie Policy To Current Personnel Handbook
HIPAA Overview
Limited To Professional Use
Standardized Disclaimers When Posting To Blogs
Professional Conduct To Always Be Followed


What Should Go Into A Social Media Policy?

Content / Post Deletion Process
Media Inquiry Procedure
Patient Engagement Policy
Approval Process For Social Content Calendar
Use Of Copyright & Intellectual Property
Proper Use & Citation Needed


Proper Use Of Copyright & Intellectual Property

Quotations: Credit The Author, Include The Link Where It
Originated From, Re-purpose 10%-15% Of Article.
Videos: Include Link From Where Video Originated
Links: Always Include Link In Postings From Origination Of
Content To Cite Author.
Pictures: Credit Who Took Photo Or Website It's From.


Content Calendar Best Practices
Dental Industry Articles
Comment On Or Provide Unique Insight On Article
Ask Questions
Top Dental Tips
Factoids
Videos
Infographics
Lists
Favorite Dental Resources
Office Updates, Birthdays, Anniversaries
Charity & Community Work


Importance Of Creating / Updating The
Privacy Policy On Your Website.


Privacy Policy For Your Website

Go To www.FreePrivacyPolicy.com
The Google Ranking Factor
Protecting Your Clients Regarding HIPAA
Good Business


What Elements Should Be In A Privacy Policy?

What Information Do We Collect?
What Do We Use Your Information For?
How Do We Protect Your Information?
Do We Use Cookies?
Do We Disclose Any Information To Outside Parties?
Third Party Links
Online And / Or Office Privacy Policy Disclaimer
Your Consent (CYA)


HIPAA Compliance and Your Social Media Strategy

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