Managing Social Media’s Legal and Regulatory Challenges in Your Medical Practice

Social networking and other interactive technologies have created entirely new ways for healthcare providers to communicate with their patients, employees, vendors, and the public about their practices and services. In the competitive and highly regulated world of healthcare, however, social networking opportunities present legal risks that require careful navigation.

In this 60-minute archived webcast, Arnold & Porter attorneys will walk you through an introduction of the critical legal and regulatory policies and issues you must address for managing and avoiding potential social media risks and liability. Beginning with an overview of the social media regulatory and legal landscape specific to physician practices, you will gain insights into policy planning, liability for off-label promotion of FDA-regulated products, HIPAA privacy compliance and reputation management, and commonly overlooked employment and patient protection issues.

Patient Privacy and Data Protection:

• HIPAA Compliance
• State Privacy Laws and Reputational Risks
• Reputation Management and Identity Protection: Active Monitoring vs. Defensive Monitoring
• Patient Complaints and Adverse Events

Overview of the Employment Policies and Compliance Issues:

• Commonly Overlooked HR Issues for Social Media
• Liability for Employee Statements and Privacy Breaches

Rules of Engagement & Social Media Legal and Regulatory Landscape:

• Social Media Policies and Planning
• Record Retention and Data Protection
• Marketing and Promotion of Medical Practice
• • Stealth Marketing
  • Liability for Off-Label Promotion of FDA-regulated Products
  • False or Misleading Statements

Nancy Perkins has a diverse practice focusing on regulatory and compliance issues pertaining to privacy and data security including HIPAA compliance, and evolving Health Information Technology law and policy.
 
Vernessa Thomas Pollard is a partner in the firm's FDA and healthcare practice group where she advises and assists clients in a wide range of FDA regulatory issues including social media and mobile health technology in the biopharmaceutical and medical device industries.

Anand Agneshwar is a litigation partner in the New York office. He heads the pharma subgroup of the firm's product liability practice group and represents numerous pharmaceutical, consumer product, and other companies in all aspects of litigation, through and including trial.

Ronald Lee is a Washington, DC national security, cybersecurity, and government contracts lawyer.

Steven Reade is a litigator with over twenty years' experience in a wide variety of litigation, most notably including pharmaceutical mass torts, commercial disputes, antitrust, professional liability, international claims, and commercial fraud cases.