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Armin J. Moeller, Jr. Balch & Bingham LLP 401 East Capitol Street, Suite 200

EMPLOYING SOCIAL MEDIA TO BUILD CUSTOMER SATISFACTION AND COMMUNITY OUTREACH. MISSISSIPPI HEALTHCARE EXECUTIVES (ACHE) February 18, 2010 Embassy Suites Hotel Ridgeland, Mississippi. Armin J. Moeller, Jr. Balch & Bingham LLP 401 East Capitol Street, Suite 200 Jackson, Mississippi 39201

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Armin J. Moeller, Jr. Balch & Bingham LLP 401 East Capitol Street, Suite 200

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  1. EMPLOYING SOCIAL MEDIA TO BUILD CUSTOMER SATISFACTION AND COMMUNITY OUTREACH MISSISSIPPI HEALTHCARE EXECUTIVES (ACHE) February 18, 2010 Embassy Suites Hotel Ridgeland, Mississippi Armin J. Moeller, Jr. Balch & Bingham LLP 401 East Capitol Street, Suite 200 Jackson, Mississippi 39201 Telephone: 601-961-9900 Facsimile: 601-961-4466 amoeller@balch.com

  2. ER NURSES RAP

  3. NURSES ON DUTY

  4. WHO SAYS THIRD SHIFT NURSES DON’T WORK?

  5. JUST A NORMAL DAY IN THE ER

  6. DANCING NURSE IS BRINGING SEXY BACK

  7. BRINGING PATIENTS BACK

  8. ANESTHETIST’S HYMN

  9. Issues • Negative Feedback • Mocking Hospital Operations • Humor At Your Expense • Disclosure of Hospital/Patient Information • Legal and Ethical Issues • Implementing Appropriate Policies to Limit Negative Feedback Risk

  10. EMPLOYEE/OUTSIDER EXPECTATIONS • What is Computer Use in and outside the Workplace? • Employee Privilege or Right? • Employee Benefit? • / for Lawyers? Do I “Tweet?“ • Social Networking • Can do what I want on my own time? • What if it damages reputation of hospital, causes controversy or friction among coworkers?

  11. Possible Adverse Impact on Hospital/Workplace • Disclosure of Private Information about Coworkers • Disclosure of Confidential Information about Employer/Hospital • YouTube-videos/audio • Employee blogs • "Everyone has something to say" • "The Net is a Waste of Time and That is Exactly What is Right about It." • Disparaging/Defamatory Information about Hospital • Coworkers? • Me?

  12. EMPLOYER/HOSPITAL OBLIGATIONS-LEGAL AND OTHERWISE Prevent Discrimination/Harassment Employee First Amendment Rights/Public Hospitals Invasion of Privacy NLRA Protected Concerted Activity Terms of Use Violations/Social Networking Sites Commercial use prohibited Defamation/Violation of Trademark

  13. EMPLOYER/HOSPITAL OBLIGATIONS-LEGAL AND OTHERWISE - Continued • Stored Communications Act – Authorized Access • Person authorizing is a user of services; and • Communication is of or intended for that user • Disparaging/Defamatory Information – What Can I Do? • Issues to Consider

  14. EMPLOYER/HOSPITAL OBLIGATIONS-LEGAL AND OTHERWISE - Continued • Outside the workplace conduct? • Violate our policies? How? • How did I learn? • Am I a "friend?" • Was my source a "friend?“ • Involve use of Hospital equipment? Material? Time? • The Anonymous Poster – • The First Amendment conundrum

  15. THE DEVELOPING LAW OF IN/OUT OF THE WORKPLACE • Minimizing Your Risk and Executing Your Hospital's Objectives • Audio taping policy • Video taping policy • Camera phone/picture taking policy

  16. THE DEVELOPING LAW OF THE WORKPLACE-Continued Computer Use and Social Networking Policy Issues to Address • Coverage of all hospital owned resources • No expectation of privacy • Right to monitor and retrieve email, hard drive, text messages • Passwords do not create expectation of privacy; must disclose • Personal use vs. limited personal use vs. occasional personal use • Times/conditions of personal use • Prohibited communications/materials reviewed on internet • pornography • Prohibited usage/acts • Soliciting, lobbying, political activities, disclosure of personal information of coworkers, confidential business information of employer, harassment, disparagement, defamation, cyberbullying, etc. • Prohibit applications/modifications including filters, peer-to-peer sharing, etc.

  17. THE DEVELOPING LAW OF THE HOSPITAL WORKPLACE-Continued • Tailor Computer/Social Networking Policy to Your Organization's Needs • Healthcare Institutions – HIPAA Violations • Undertake Monitoring and InvestigationsCarefully

  18. THANK YOU Armin J. Moeller, Jr. Phone: 601-965-8156 amoeller@balch.com

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