Keeping an eye on health care law trends. Thoughts and comments on the health care industry, privacy, security, technology and other odds and ends. Actively posting from 2004-2012 and now "restarted" in response to the COVID-19 Pandemic as a source for health care and legal information.
Tuesday, June 21, 2011
AHLA Boston "TWEETup"
Come join us at the #AHLABoston TWEETup on Tuesday, June 28 starting around 5:30pm at the BrasserieJO bar located across from the Prudential Center at The Colonnade Hotel, 120 Huntington Avenue. The BrasserieJO is located down Huntington Avenue near the Boston Marriott Copley Place, the location of the annual meeting.
Check out the TwtVite set up by David Harlow at HealthBlawg and RSVP that you will be attending. Help us spread the word.
The TWEETup follows an afternoon of health care social media and the law sessions held as a part of the AHLA Annual Meeting. For full details of the sessions and registration information check out the AHLA Annual Meeting schedule here (PDF version).The sessions run from 2pm - 5:30pm and will include:
A Legal Ethics Safety Line for Health Lawyers Online: How to Practice Safe Social Networking
Alan S. Goldberg (@GoldbergLawyer), Annie Hsu
E-Discovery Litigation
Gary L. Kaplan (@Gary_L_Kaplan), Joshua P. Kubicki (@JKubicki)
Cutting the PowerPoint Clutter: Using Zen-Like Visuals for more Compelling and Memorable Presentations
Susan Peterson
Should Health Lawyers Use Social Media?
David Harlow (@HealthBlawg)
HIPAA Privacy Issues in Social Media
Jodi Goldstein Daniel (@JodiDaniel), Daniel S. Goldman (@danielg280)
How to Use Social Media
Robert L. Coffield (@BobCoffield), David Harlow (@HealthBlawg), Gary L. Kaplan (@Gary_L_Kaplan)
Triaging Social Media in the Healthcare Workplace: Assessment, Analysis and Action
Mark W. Peters
A special thanks to @HealthBlawg for helping find the location for the TWEETup. Thanks to all the AHLA health lawyer and others spreading the word about the tweetup. Be sure to follow @HealthLawyers and use the AHLA Annual Meeting hashtag: #AHLABoston.
Friday, June 17, 2011
The Twitter Trap: Are we outsourcing our brains to the cloud?
Recently I have been preparing a presentation for the AHLA Annual Meeting at the end of June on the practical ways health lawyers can and should use social media. As a result I have tried to step back from the social media explosion to examine some of these issues, including the parallels between Mark Zuckerberg and Johannes Gutenberg referenced in Mr. Keller's piece.
I love this quote from Mr. Keller's article that helps visualize the innovation/disruption/impact cycle:
"My father, who was trained in engineering at M.I.T. in the slide-rule era, often lamented the way the pocket calculator, for all its convenience, diminished my generation’s math skills. Many of us have discovered that navigating by G.P.S. has undermined our mastery of city streets and perhaps even impaired our innate sense of direction. Typing pretty much killed penmanship. Twitter and YouTube are nibbling away at our attention spans. And what little memory we had not already surrendered to Gutenberg we have relinquished to Google. Why remember what you can look up in seconds?"I also like his explanation of Twitter as a tool, "So let me be clear that Twitter is a brilliant device — a megaphone for promotion, a seine for information, a helpful organizing tool for everything from dog-lover meet-ups to revolutions."
His question around whether these new social media instruments are genuinely social is a good one. It is hard to see the answer to this when you are sitting in the midst of the social media cloud. One question that he doesn't address is how the collection of all this "collective social media data" about you and me will be used in the future. Is Facebook just one big social experiment. It now knows more about my family and friends than I can probably remember.
Take time away from your Twitter and Facebook posts, go read the article, and then sit back and take some quiet time to reflect on his message. I will leave you with this quote from Mr. Keller's article:
"The things we may be unlearning, tweet by tweet — complexity, acuity, patience, wisdom, intimacy — are things that matter."Thanks to Jason Keeling (@JasonKeeling) for pointing out this insightful piece that was published back in print on May 22, 2011.
Wednesday, December 23, 2009
Tweet By Hospital Employee: What information is considered PHI?
Ves Dimov, M.D. at Clinical Cases and Images Blog posts about the story - Single tweet by hospital employee to Mississippi Governor allegedly violates HIPAA, forces her to resign.
The incident will provide a good case study for health privacy lawyers who regularly consider the question of what information is and is not protected health information (PHI) under 45 CFR 160.103. PHI is defined under HIPAA as:
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. The Privacy Rule calls this information "protected health information (PHI)."
Thanks for the tip @RLBates and @EdBennett.“Individually identifiable health information” is information, including demographic data, that relates to:
- the individual’s past, present or future physical or mental health or condition,
- the provision of health care to the individual, or
- the past, present, or future payment for the provision of health care to the individual,
and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual. Individually identifiable health information includes many common identifiers (e.g., name, address, birth date, Social Security Number).
Thursday, December 03, 2009
Chief Data Rights Officer
As a lawyer who deals with pages, reams, volumes, boxes, rooms of written information on a daily basis I'm often amazed (and pleased) by the depth of concepts that can be expressed through 140 characters.
Example from today, @SusannahFox's tweet:
@SusannahFox What if, instead of a chief #privacy officer, ONC changed the conversation and appointed a chief data rights officer?Susannah gets my "tweet of the day" award.
Saturday, August 08, 2009
Viral Health Effort Via Twitter: Fit West Virginia (#FitWV)
The idea was born back on West Virginia Day as a result of Jason Keeling asking his blog readers to discuss solutions to West Virginia's problems in a post, West Virginia: Using Social Media for the Mountain State's Betterment. In response, Skip Lineberg of Maple Creative responded with his post, A Fitter West Virginia.
As a result of that "healthy idea seed" being planted a core group of West Virginia tweeters have been regularly posting on Twitter using the hashtag #FitWV. The effort has created a viral movement of West Virginians supporting other West Virginians in making health choices, exercising regularly, etc. Hopefully, this positive discussion is bringing about positive change and support to those participating.
As the country discussed health care reform efforts like #FitWV should be made a part of the equation. As Jordan Shlain, MD says in his recent op-ed over at The Health Care Blog:
. . . Nowhere in this debate is the patient, the consumer, and the citizen: the American! We lack accountability, responsibility and civic sensibility. It is Joe Diabetic that snacks on ice cream, misses appointments and doesn't take his insulin that increases the cost of health care. This diabetic will be admitted to your local ER with diabetic ketoacidosis and have many subsequent hospital admissions at our (read: your) expense, not his. This is a fundamental collective action problem.If you use Twitter -- please join the effort.
Our town square is so big that we can get away with malfeasance to our village (and our country) with no shame. Yet, the forces of economics do not defy gravity and the cost of health care is now affecting all of us. Those of us that are untethered from the reality of cost are driving our health care 'car' into the ground. . .
Dawn Miller also provides a link to some great new information from the Centers for Disease Control. The CDC released last month "Recommended Community Strategies and Measurements to Prevent Obesity in the United States."
Ms. Miller writes:
The CDC did all the research and evaluation work, so individual communities don't have to. They assembled a group of people with experience in urban planning, nutrition, physical activity, obesity prevention and local government. The group reviewed a couple years' worth of research, evaluated various tactics and settled on 24 recommendations. For each one, the CDC summarizes the evidence behind it and suggests ways to measure progress. Communities should:
1. Make healthier food and drinks available in public places. Schools are key, but think also of after-school programs, child care centers, parks, playgrounds, swimming pools, city and county buildings, prisons and juvenile detention centers.
2. Make healthier food more affordable in those public venues. Lower prices, provide discount coupons or offer vouchers for healthy choices.
3. Improve the availability of full-service grocery stores in underserved areas. One study of 10,000 people showed that black residents in neighborhoods with at least one supermarket were more likely to consume the recommended amount of fruits and vegetables than those in neighborhoods without supermarkets. Residents consumed 32 percent more fruits and vegetables for each additional supermarket in their census tract.
More supermarkets also raised real estate values, economic activity and employment and lowered food prices.
4. Provide incentives to food retailers -- supermarkets, convenience stores, corner stores, street vendors -- to locate in underserved areas or to offer healthier food and drinks. Incentives can be tax benefits and discounts, loans, loan guarantees, start-up grants, investment grants for improved refrigeration, supportive zoning and technical assistance.
5. Make it easier to buy foods from farms.
6. Provide incentives for the production, distribution and procurement of foods from local farms.
Did you know that the United States does not produce enough fruits, vegetables and whole grains for every American to eat the recommended amount of these foods? Dispersing agricultural production throughout the country would increase the amount of available produce, improve economic development and contribute to environmental sustainability.
7. Restrict availability of less healthy foods and drinks in public places.
8. Offer smaller portion options in public places.
9. Limit advertisements of less healthy foods and drinks.
10. Discourage people from drinking sugar-sweetened beverages.
11. Support breastfeeding, which appears to provide some protection from obesity later in life.
12. Require physical education in schools.
13. Increase the amount of physical activity in school PE programs. Modify games so that more students are moving at all times, or switch to activities in which all students stay active. Improving phys ed improves aerobic fitness among students.
14. Increase opportunities for extracurricular physical activity.
15. Reduce screen time in public settings. TV and computer time displaces physical activity, lowers metabolism, increases snacking and exposes children to marketing of fattening foods.
16. Improve access to outdoor recreational facilities, such as parks, green spaces, outdoor sports fields, walking and biking trails, public pools and community playgrounds. Access also depends on how close such places are to homes and schools, cost and hours of operation.
17. Support bicycling. Create bike lanes, shared-use paths and routes on existing and new roads. Provide bike racks near commercial areas. Improving bicycling infrastructure can increase how often people bike for utilitarian purposes, such as going to work and school or running errands.
18. Support walking. Build sidewalks, footpaths, walking trails and pedestrian crossings. Improve street lighting, make crossings safer, use traffic calming approaches. Walking is a regular activity of moderate intensity that a large number of people can do.
19. Locate schools within easy walking distance of residential areas.
20. Improve access to public transportation to increase biking and walking to and from transit points.
21. Zone for mixed-use development, including residential, commercial, institutional and other uses. This cuts the distance between home and shopping, for example, and encourages people to make more trips by foot or bike.
22. Enhance personal safety in areas where people are or could be physically active.
23. Enhance traffic safety in areas where people are or could be physically active.
24. Participate in community coalitions or partnerships.
Thursday, July 09, 2009
TWiL Episode 26: Health Care and VRM
TWiL Episode 26 will focus on Health Care, Technology and VRM. Joining me on the show will be Doc Searls (@dsearls) author of The Cluetrain Manifesto, Fellow with the Berkman Center for Internet and Society at Harvard, etc. and Susanna Fox (@SusannahFox), Associate Director, Digital Strategy at Pew Internet & American Life Project.
Catch the live version at 2pm EST tomorrow at TWiT (http://live.twit.tv). You can also listen to the rebroadcast as a podcast here or subscribe and listen to TWiL including the Episode 26 Podcast at iTunes.
Thanks to Audible.com for sponsoring the show.
Monday, March 16, 2009
Hospitals: The State of Social Media Use
His post, "Hospital Socia Media Stats," gives some interesting statistics into the adoption and growth of social media. To the right is a chart that he includes in the post. Check out the link for more interesting information.
For those of you who might not already know - a few months ago Ed started a tracking chart showing the adoption of social media by hospitals.
Sunday, March 15, 2009
Health Affairs: Take Two Aspirin and Tweet Me . . .
Included in the issues is a report from the field article by Carleen Hawn titled, Take Two Aspirin And Tweet Me In The Morning: How Twitter, Facebook, And Other Social Media Are Reshaping Health Care (pdf version). I had the opportunity to talk with Carleen about some of the interesting legal issues that are starting to appear as a result of the intersection of social media and health care. I was pleasantly surprised to see that she used some of our discussion in the article.
The article focuses on a number of health professionals who are on the cutting edge of integrating social media and health 2.0 type concepts into their health care practice and thinking about how social media can have a positive impact on traditional health care industry models.
Like others, I found it ironic when Health Affairs first issued the article online that they only made it available behind the firewall (subscription based). An article on social media, openness, transparency, etc. and yet hid it in an old world way. Well, it appears that the editor of Health Affairs does listen to the wisdom of the health crowd because a note is now listed below the article stating "EDITOR'S CHOICE - FREE ACCESS." Thanks to the Health Affairs staff for recognizing the value of providing free access to the article.
If you are interested in the article you might find interesting what others are saying about the article -- including e-Patient Dave, Jay Parkinson, MD, Ted Eytan, MD and others.
Friday, January 23, 2009
U.S. Hospitals: Using Facebook, YouTube and Twitter
Thanks to @schwen for pointing out the list.
Thursday, January 22, 2009
Medical Uses of Twitter: Twitter Consult
Her post, Health 2.0 Makes it to Twitter, discusses two separate cases. The first involved the use of Twitter by medical professionals seeking real time advice with a diagnosis. Call it a "Twitter Consult." The second involved a researcher looking for exercise study participants who were endometrial cancer survivors.
Thursday, November 13, 2008
The Implications for Live Tweeting Surgery
Robert and his counterpart, Christopher Parks, are all about transparency in health care, especially as it relates to payment issues. This serves as just one more example of their efforts to engage health consumers and create transparency in health care.
Robert's live tweeting during surgery struck me as an interesting application of Twitter and other mobile social networking application. Here are just a few thoughts:
- A way to keep friends and family updated on your condition, surgery, etc.
- Useful for others who might be contemplating a particular procedure or surgery to get a real time look at what might be involved. I know someone who is contemplating undergoing the same procedure and plan to share Robert's posts with them.
- As more and more patients and providers start to document information via social networking avenues - what might this mean during future litigation and discovery? Certainly seeking tweets, historical Facebook updates, etc. might be valuable in either pursuing or defending litigation. What are the rules for lawyers in pursuing such evidence? What might this mean for the companies providing such services as they see more and more subpoenas for information?
Thanks Robert for making my day for awarding me "best tweet of the procedure." Follow Robert on Twitter at @Robert_Hendrick.
UPDATE (1/18/09): More discussion on live tweeting surgery. This time it is from the provider side and not just the patient tweeting away their surgery. Henry Ford Health System live tweeted a surgical procedure in Detroit to a group of medical professionals at a conference in Las Vegas.
Shel Israel at Global Neighborhood has a great summary/interview with background on the event that will be part of his upcoming book, Twitterville. Bertalan Mesko has provides coverage about the Live Tweeting Surgery at at ScienceRoll. To find all the tweets about the surgery search via Twitter Search for the tag: #twOR.
After seeing the post by Shel I reached out to him and told him this wasn't the first live tweeted surgery. However, it was the first tweeted "from the provider side" -- @HenryFordNews.@Robert_Hendrick still gets the 1st award from the patient side.
UPDATE (1/29/09): Noticed in my Twitter stream today that Rick Sanchez of CNN is live tweeting his knee/meniscus surgery. Another live tweeting patient. In this case, high profile reporter from CNN. Follow Mr. Sanchez's twitter stream at @ricksanchezcnn.
UPDATE (2/17/09): Elizabeth Cohen of CNN (@elizcohenCNN)covers the live tweeting of surgical procedures by hospitals in the article, Surgeons send 'tweets' from operating room. Included with the article is a video detailing the live twittering at Henry Ford Health Systems. You can also follow the tweet stream of the surgery tagged via Twitter as: #hfhor.
UPDATE (5/26/09): mobilehealthnews provides a historic timeline of the most notable examples of live tweeting surgery in a post, Twitter surgery timeline: 8 months of OR Tweets.
Wednesday, October 29, 2008
What Do WV Patients See As Their #1 Health Care Concern
The question I posed via twitter:
WV Twitters: What is the #1 health care problem/issue that you see as a patient? about 2 hours ago from web
rebeccaburch @bobcoffield Insurance coverage -- whether you have ins. or not, affordability is often a deal-breaker for needed procedures/meds/etc... about 2 hours ago from web in reply to bobcoffield
Sunday, September 21, 2008
Follow The Top Lawyer Twits
The list is a great resource to find some of the leading lawyers experienced in adopting new social media tools into their practice of law. I've already started following a couple of colleagues who I didn't know were twittering.
Thanks JDScoop for including me on the list of influential legal twitters (aka litters). Thanks to Steve Mathews at stem for pointing out the post.
Saturday, August 30, 2008
Twoctor, Twoctor . . I've Got A Bad Case of Tweeting You
Thanks to Jen McCabe Gorman for tweeting the recent post.