1. 1 Moderator: Thomas N. Shorter, Godfrey & Kahn, S.C. Panelists: Nancy Davis, Ministry Health Care Lee Kadel, Wheaton Franciscan Healthcare Ralph Topinka, Mercy Health System April 16, 2010 The opinions of the speakers do not necessarily reflect the opinions of their employers. Social Media…. Facebook, Twitter & Compliance

2. 2 Outline 1. Introduction to Social Media 2. Panelist Discussion 3. Questions

3. 3 What is Social Media? What is a Social Networking Site?

4. 4 How Social Media Started  Friendster introduced in 2002  LinkedIn launched in 2003  Facebook available to college students in 2006 o Over 400 million active users  YouTube available in 2005  Twitter launched in 2006

5. 5 Social Media Defined Internet-based tools used for sharing and discussing information among people Activities that integrate technology, social interaction and the construction of words, pictures, videos and audio Information depends on the varied perspectives and "building" of shared meaning among communities Wikipedia

6. 6 Social Media Platforms o Social Networks o News & Bookmarking o Blogs o Microblogging o Video Sharing o Photo Sharing o Message Boards o Wikis o Virtual Reality o Social Gaming

7. 7 People Using Social Media Social media sites are the fastest-growing category on the web, doubling their traffic over the last year. o 73% of active online users have read a blog o 45% have started their own blog o 39% subscribe to an RSS feed o 57% have joined a social network o 55% have uploaded photos o 83% have watched video clips Universal McCann’s Comparative Study on Social Media Trends, April 2008. 17,000 respondents from 29 countries, *using internet at least every other day

8. 8 Social Media & Employee Involvement A recent 2009 Deloitte study provides evidence of the “disconnect” that a policy can address:  60% of executives say they have the “right to know” how employees portray themselves and their organizations online.  15% of executives say they are addressing those risks.  Over 70% of companies do not have programs and policies dedicated to monitoring and mitigating risks social media risks. (continued)

9. 9 Social Media & Employee Involvement 2009 Deloitte “disconnect” study (continued)  74% of employees surveyed say it is “easy” to damage a company’s reputation using social media outlets.  53% of employees surveyed contend that their personal social networking pages are none of an employer’s business.  In fact, nearly 33% of employees surveyed say they never consider what the boss would think before posting materials online.

10. 10 Social Media & Recruitment 16% of workers have used social networking sites as part of their job search. 45% of employers reported in a June 2009 CareerBuilder survey that they use social networking sites to screen potential employees. Of those who conduct online searches/background checks of job candidates, 29% use Facebook, 26% use LinkedIn and 21% use MySpace. 11% search blogs while 7% follow candidates on Twitter.

11. 11 Panelist Discussion – Employee Use What, if any, social media are employees permitted to utilize?  What do you recommend?  What are the pros of employee social media use?  What are the cons of employee social media use?

12. 12 Panelist Discussion – Employee Use What employee training, if any, on social media is conducted?  What do you recommend?

13. 13 Panelist Discussion – Employee Use What policies are in place that address social media?  What do you recommend?  How should an organization develop an appropriate policy?  Any lessons learned from your policy development process?

14. 14 Panelist Discussion – Employee Use What technological restrictions are in place regarding social media?  What do you recommend?

15. 15 Panelist Discussion – Employee Misuse What lessons has your organization learned regarding social media incidents?  Any recommendations on investigating social media misuse?  Local law enforcement involvement?  Licensing authority responses?

16. 16 Panelist Discussion – Employee Misuse What are some examples of how social media can compromise privacy/security?  What technology solutions are available to control social media?  Costs associated with technology controls?

17. 17 Panelist Discussion – Other Other issues for discussion and consideration regarding social media?

18. 18 Social Media Happens Hospitals account for:  247 YouTube channels  316 Facebook pages  419 Twitter accounts  67 Blogs Social Media Policy Development is Critical First Step

19. 19 Conclusion & Question and Answer Nancy Davis, Ministry Health nancy.davis@ministryhealth.org Lee Kadel, Wheaton Franciscan Healthcare lee.kadel@wfhc.org Ralph Topinka, Mercy Health System rtopinka@mhsjvl.org Thomas N. Shorter, Godfrey & Kahn, S.C. tshorter@gklaw.com This presentation is not legal advice. You should consult legal counsel regarding any specific factual situation and establish an attorney-client relationship. 4828278