VA Academic Affiliation Conference July 13, 2010

ER NURSES RAP

NURSES ON DUTY

ANESTHETIST’S HYMN

Negative Feedback – Mocking Healthcare Operations – Humor At Your Expense – Disclosure of Healthcare Organization/Patient Information Legal and Ethical Issues Implementing Appropriate Policies to Limit Negative Feedback/Risk

What is Computer Use in and outside the Workplace? –Employee Privilege or Right? –Employee Benefit? » / for Lawyers? Do I “Tweet?“ Social Networking –Can do what I want on my own time? –What if it damages reputation of hospital, causes controversy or friction among coworkers? EMPLOYEE/OUTSIDER EXPECTATIONS

Possible Adverse Impact on Hospital/Workplace Disclosure of Private Information about Coworkers Disclosure of Confidential Information about Employer/Hospital YouTube-videos/audio Employee blogs "Everyone has something to say" "The Net is a Waste of Time and That is Exactly What is Right about It." Disparaging/Defamatory Information about Hospital –Coworkers? –Me?

EMPLOYER/HOSPITAL OBLIGATIONS- LEGAL AND OTHERWISE Prevent Discrimination/Harassment Employee First Amendment Rights/Public Hospitals Invasion of Privacy Decline of Privacy? NLRA Protected Concerted Activity Terms of Use Violations/Social Networking Sites Commercial use prohibited Defamation/Violation of Trademark

EMPLOYER/HOSPITAL OBLIGATIONS- LEGAL AND OTHERWISE - Continued Stored Communications Act – Authorized Access –Person authorizing is a user of services; and –Communication is of or intended for that user Disparaging/Defamatory Information – What Can I Do? Issues to Consider

EMPLOYER/HOSPITAL OBLIGATIONS- LEGAL AND OTHERWISE - Continued Outside the workplace conduct? –Violate our policies? How? –How did I learn? –Am I a "friend?" –Was my source a "friend?“ –Involve use of Hospital equipment? Material? Time? The Anonymous Poster – –The First Amendment conundrum

THE DEVELOPING LAW OF IN/OUT OF THE WORKPLACE Minimizing Your Risk and Executing Your Organization's Objectives –Audio taping policy –Video taping policy –Camera phone/picture taking policy

THE DEVELOPING LAW OF THE WORKPLACE - Continued Computer Use and Social Networking Policy Issues to Address –Coverage of all hospital/healthcare organization owned resources –No expectation of privacy –Right to monitor and retrieve , hard drive, text messages –Passwords do not create expectation of privacy; must disclose –Personal use vs. limited personal use vs. occasional personal use –Times/conditions of personal use –Prohibited communications/materials reviewed on internet pornography –Prohibited usage/acts Soliciting, lobbying, political activities, disclosure of personal information of coworkers, confidential business information of employer, harassment, disparagement, defamation, cyberbullying, etc. –Prohibit applications/modifications including filters, peer-to-peer sharing, etc.

THE DEVELOPING LAW OF THE HOSPITAL WORKPLACE -Continued Tailor Computer/Social Networking Policy to Your Organization's Needs –Healthcare Institutions – HIPAA Violations Undertake Monitoring and Investigations Carefully

Armin J. Moeller, Jr. Phone: