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The Lawyers Don't Always Say No: Bringing Legal into Health Care Social Media Strategic Planning. Social Communications and Healthcare July 23, 2009 New York, NY. The Harlow Group LLC. Uses of Social Media . Preliminary questions: What are your strategic goals?
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The Lawyers Don't Always Say No: Bringing Legal into Health Care Social Media Strategic Planning Social Communications and Healthcare July 23, 2009 New York, NY David Harlow JD MPH The Harlow Group LLC
The Harlow Group LLC Uses of Social Media • Preliminary questions: • What are your strategic goals? • How can social media help you achieve those goals? • What level of resources are you devoting to this effort? • Involving the lawyers early on can help avoid costly retrenchment and/or errors later on
The Harlow Group LLC Legal hot button issues in health care social media (1) • Patient privacy • HIPAA • State law • Key: patient consent
The Harlow Group LLC Legal hot button issues in health care social media (2) • Practicing medicine on line / malpractice exposure • Established patients • New patients • Adequacy of disclaimers
The Harlow Group LLC Legal hot button issues in health care social media (3) • Regulation of on-line advertising • The Cheerios case • FDA warning letter: http://bit.ly/FDAcheerios • Website treated as part of unapproved drug labeling • Must tread carefully
The Harlow Group LLC Legal hot button issues in health care social media (4) • Sponsored forums • Liability for community posts • Others?
The Harlow Group LLC Resources • HCSM legal tweetchat: http://bit.ly/hcsmlegal • Column on twitter for lawyers: http://bit.ly/twitlaw • Presentation on social media for lawyers: http://bit.ly/smlaw (Pieces originally intended for lawyers mostly applicable to other professionals & health care institutions)
The Harlow Group LLC Contact David Harlow JD MPH The Harlow Group LLC www.harlowgroup.net www.healthblawg.typepad.com www.twitter.com/healthblawg david@harlowgroup.net 617.965.9732