While social media has emerged as an effective communication tool for some of the country's best healthcare providers, online platforms still leave room for legal problems. Social media can complicate or cause the following four legal issues for hospitals and healthcare providers, according to a report from Baker & Daniels, LLP.
• Physicians risk liability under state licensing laws if they send medical advice to a patient in a state in which the physician is not licensed.
• Hospitals that are tax-exempt are prohibited from intervening in political campaigns or legislation. This restriction may carry over to the hospital's online presence. For instance, a hospital that advertises on or sponsors social media sites that support certain candidates or legislation may face legal repercussions.
• Under HIPAA and state privacy laws, healthcare providers are prohibited from disclosing patient information without patient authorization. Anything that can be used to identify patients is subject to HIPAA and can be subject to fines and other penalties.
• Under the Anti-Kickback Statute, hospitals face legal risk if they pay third parties to compliment or talk up the hospital's services through social media outlets since the statute prohibits providers from giving third parties anything of value in exchange for their generation of patient referrals.
Read the Backer & Daniels, LLP report on social media in hospitals.
Read more about social media and hospitals:
- Physicians on Facebook Risk Compromising Relationships with Patients
- 7 Best Practices For Hospitals and Social Media
- More Hospitals Hire Social Media Managers To Train Physicians On Proper Use
• Physicians risk liability under state licensing laws if they send medical advice to a patient in a state in which the physician is not licensed.
• Hospitals that are tax-exempt are prohibited from intervening in political campaigns or legislation. This restriction may carry over to the hospital's online presence. For instance, a hospital that advertises on or sponsors social media sites that support certain candidates or legislation may face legal repercussions.
• Under HIPAA and state privacy laws, healthcare providers are prohibited from disclosing patient information without patient authorization. Anything that can be used to identify patients is subject to HIPAA and can be subject to fines and other penalties.
• Under the Anti-Kickback Statute, hospitals face legal risk if they pay third parties to compliment or talk up the hospital's services through social media outlets since the statute prohibits providers from giving third parties anything of value in exchange for their generation of patient referrals.
Read the Backer & Daniels, LLP report on social media in hospitals.
Read more about social media and hospitals:
- Physicians on Facebook Risk Compromising Relationships with Patients
- 7 Best Practices For Hospitals and Social Media
- More Hospitals Hire Social Media Managers To Train Physicians On Proper Use