Social Media & Cyber Liability. Andrew C.S. Efaw Kara Rosenthal Ellen Herzog. Why Do I Care?. Control HIPAA / Fines Jail Time Job/Reputation/Discipline Ethical Obligations Civil Lawsuits. Why Do I Care? Control.
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Andrew C.S. Efaw
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(1) is created or received by the healthcare provider
(2) as related to past, present or future physical or mental health, the provision of healthcare, or the payment re: healthcare, and which
(3) identifies the individual or, with respect to which there is a reasonable basis to believe the information can be used to identify the individual.
45 CFR§ 160.103
Unknown disclosures: Fines of $100 per disclosure, up to $25,000 per year
Reasonable Cause: $1,000 per violation, up to $100,000 per year
Willful neglect: $50,000 per violation, up to $1.5 million per year
HIPAA: Fines up to $250,000 and/or 10 years imprisonment for knowingly misusing individually identifiable personal health information
Job, Reputation & Discipline
Prohibiting disrespectful conduct or negative conversations
Refrain from name calling or behavior that will reflect negatively on company
Communicate in professional tone and avoid objectionable topics
Avoid unprofessional communication that could negatively impact hospital reputation
Prohibiting derogatory attacks on hospital representatives, physicians, fellow employees and patients
Prohibiting posting of pictures of employee in uniform