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 PrivacyDecline 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 email, 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: 601-965-8156

amoeller@balch.com