11-17-11 | Blog Post

Social Media, Healthcare IT and HIPAA Law: 2011 Update

Blog Posts

Tatiana Melnik and Brian Balow from Dickinson Wright have shared a presentation on Social Media, Healthcare and the Law: 2011 Update from their Midwest HIMSS Fall Technology Conference 2011 breakout session.

Legal Issues with Social Media
Legal Issues with Social Media

The 84-page, highly informative presentation includes social media updates and respective legal issues, as well as advice on revisions to social media policies – and a plethora of HIPAA breach statistics and advice on how to stay HIPAA compliant.

Other presentation highlights include:

  • Statistics on the general use of YouTube, Facebook, Twitter and blogs by hospitals and healthcare
  • Specific protected health information (PHI) leak incidents as a direct result of using social media in Midwest states, including Iowa, Michigan, Minnesota and Wisconsin
  • Certain incidents that prompt the Department of Justice or Attorneys’ General to prosecute
  • FBI cases specifically associated with HIPAA violations
  • Appeals, settlements and status of ongoing HIPAA breach lawsuits
  • Statistics on HIPAA complaints and the OCR’s role (either requiring corrective actions by covered entities or cases in which the OCR found no violation)
  • Most common HIPAA complaint issues
  • A basic overview of who is under HITECH breach obligations and required actions
  • 2011 HIPAA breach facts and Midwest statistics by state
  • The cost per HIPAA breach record according to breach type, and how it’s changed from 2009-2010
  • Formulating a social media policy – who it protects, why it’s important to have, and how to maintain and enforce the policies
  • Links to more resources and examples of established policies and best practices from clinics and medical centers

Melnik also recently discussed the legal implications of BAAs (Business Associate Agreements) when patient information is shared, processed or stored between companies in Sharing PHI Data? Legal Implications of BAAs & Avoiding HIPAA Pitfalls, the third HIPAA webinar in a webinar series hosted by Online Tech, A to Z to Achieving HIPAA Compliance.


Tatiana Melnik, Attorney, Dickinson Wright PLLC

Tatiana Melnik is an attorney with the Dickinson Wright law firm where her practice focuses on information technology, healthcare information technology, intellectual property and privacy issues. Ms. Melnik sits on the Michigan Bar Information Technology Law Council, the Automation Alley Information Technology Committee, and is a Managing Editor of the Nanotechnology Law & Business Journal.

Ms. Melnik holds a JD from the University of Michigan Law School, and a BS in Information Systems and BBA in International Business, both from the University of North Florida. Ms. Melnik regularly writes and speaks on issues surrounding healthcare information technology.

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