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Social Media

Violations of Patient Privacy on Social Media Will Result in HIPAA Fines


Posted on October 4, 2019 in Health Information Technology

Published by: Hall Render

On October 2, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that a Texas dental practice (“Practice”) will settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by paying a civil penalty of $10,000 and adopting a corrective action plan. A patient of... READ MORE

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Facebook and the NLRB – What’s Not to “Like”


Posted on November 2, 2015 in HR Insights for Health Care

Written by: Sevilla Rhoads

Over the years, we have “followed” the NLRB’s analysis of employer social medial policies. Employee’s “Like” of Another’s Facebook Rant Is Protected The evolution continues. On October 21, in an unpublished opinion, the Second Circuit (with district courts in Connecticut, New York and Vermont) affirmed the NLRB’s August 2014 decision in the controversial Triple... READ MORE

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Oh the Profanity! NLRB Protects Vulgar Comments Again


Posted on April 28, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

The NLRB has again decided that using profanity-laced Facebook postings specifically aimed at management is legally protected.  This decision  by two members of the NLRB, despite one strong dissent, continues the pattern of granting legal protections to employees who use profanity in exercising their protected rights in support of a union or other group... READ MORE

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Employee’s Offensive Facebook Posts About a Customer – Is Employer Liable?


Posted on March 4, 2015 in HR Insights for Health Care

Written by: Larry R. Jensen

Employers may run into trouble with employees and the NLRB for interfering with protected activity if social media posts are restricted. On the other hand, employers could be liable to customers if they permit employees to post hostile statements and information. This quandary was highlighted by the holding in a recent federal court case. Was... READ MORE

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NLRB Doesn’t “Like” Facebook Insubordination Threats


Posted on November 20, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

Although the NLRB has been very protective of employees’ rights to comment on Facebook, sometimes employees can go too far.  In this recent case, the legal line between protected activity and unprotected activity was crossed when two employees openly planned to be insubordinate. READ MORE

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Overbroad Social Media Policies – This One’s OK…Maybe


Posted on July 21, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

Moving Target of Compliance Over the past few years, we have written about the NLRB’s focus on private employer social media policies (see the references to our past HR Insights Blog posts below).  The decisions are hard to reconcile, and employers (and their advisors) are left to guess what may be seen by the NLRB... READ MORE


Finally! NLRB Has Five Senate-Confirmed Members


Posted on August 13, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

On August 12, 2013, for the first time since August 21, 2003, the National Labor Relations Board has a full complement of five Senate-confirmed members. Four new members, all nominated by President Obama and confirmed last month by the U.S. Senate, have been sworn into office. NLRB Chairman Mark Gaston Pearce was also confirmed... READ MORE

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The Importance of Social Media Policies


Posted on August 13, 2013 in Health Information Technology

Written by: Joshua P. Reading

Social media is becoming more and more prevalent and diverse, and entities in the health care field are encountering new issues related to social media.  Health care entities should have in place current social media policies to ensure that employees understand their obligations when it comes to protecting proprietary and confidential information. READ MORE


New FTC Guidance Addresses Social Media Advertising; Could FDA Be Next?


Posted on March 28, 2013 in Health Information Technology

Written by: Mark R. Dahlby

On March 12, the Federal Trade Commission (“FTC”) published new guidance detailing how advertising disclosures should be made online.  Disclosures are necessary to qualify or limit advertising claims that would otherwise be deceptive, unfair or give misleading impressions. READ MORE

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NLRB Attacks Employer Handbooks – Again


Posted on February 9, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Confidentiality, Public Relations and Blogging Policies Held to Be Unlawful As we reported in our Employment Law News article in January, the NLRB has been very active in challenging any employer policy that could reasonably be understood by an employee to interfere with rights protected under the National Labor Relations Act (“NLRA”).  The NLRA... READ MORE

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