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DAVID HARLOW is Principal of The Harlow Group LLC, a health care law and consulting firm based in Boston, MA. His twenty-five years’ experience in the public and private sectors affords him a unique perspective on legal, policy and business issues facing the health care community. David is adept at assisting clients in developing new paradigms for their business organizations, relationships and processes so as to maximize the realization of organizational goals in a highly regulated environment, in realms ranging from physician-hospital relationships to data privacy and security to facilities development to social media strategies to the avoidance of fraud and abuse. His blog, HealthBlawg, is highly regarded in both the legal and health policy blogging worlds. He is a member of the external Advisory Board of the Mayo Clinic Center for Social Media. He speaks regularly before health care and legal industry groups on business, policy and legal matters. You should follow him on Twitter.
The NLRB has published a series of guidelines on social media policies (linked to below), which are worth looking at -- based on the recent cases discussed in this post and other cases as well. If you bring up NLRB rulings with your employment lawyer, you may hear that since the DC Circuit Court of Appeals invalidated the recess appointments of NLRB commissioners by President Obama, all recent rulings are invalid, and therefore should not be considered binding on anyone, and that we all need to sit tight until this whole recess appointment thing is sorted out.
Naturally, we can't wait indefinitely without tending to our employee social media policies, and contrary to some of my "brothers at the bar" I suggest that we all need to maintiain a commonsense approach to social media policies, balancing the various interests at play.
I blogged about this issue on my home blog, and invite you to check out the post, including a link to the NLRB policies:
Employee Social Media Policies After NLRB Appointments Invalidated by Federal Court ... Everything You Know Is Wrong? (HealthBlawg) – http://shrd.by/E4XPDs
While the development of more advanced imaging is impressive, we must beware the technological imperative -- the impulse to use the latest and greatest (and, usually, most expensive) modality simply because it is the latest and greatest. There is much to be learned through reverse innovation (the 'latest and greatest' on that front may be seen in a recent HBR blog piece: Health Care for 1% of the Cost - Vijay Govindarajan - Harvard Business Review – http://vsb.li/ntDQ4x ), and through evidence-based medicine: using the most effective tools at hand (where effective includes cost-effective), not necessarily the most whizbang awesome. Some scans meet these criteria for some disease in some patients -- but not as a standard for all: we can't afford it.
"You want the consultant to act as a go-between legal and to represent your employees as they evolve into social mavens."
As a lawyer and consultant with experience in social media I help clients bridge the Web 2.0 divide between creative and legal and work together with a team of SoMe experts to design and implement strategies through collaborative efforts at all levels of an organization that work well and pass legal muster. For a peek at the legal analysis as it applies to the health care world - and beyond, see: http://j.mp/4cLNub
Good post, but ... you scoff at legal, do you? Well, folks need to face those internal challenges, and I offer myself as a resource: Exhibit A - The lawyer-consultant who gets it. Bring me in when you want to pull together key stakeholders, educate them about the pros and cons, throw legal into the mix, and get rolling with a campaign. Check out my post, focused on health care, but more generally applicable, too: The Lawyers Don't Always Say No: Bringing Legal into Social Media Strategic Planning
I don't care if twitter is cool or not. It's a useful tool, so I use it. Same thing with telephones, email, cell phones. With higher adoption rates comes the need for better filters and a hope for greater civility. I find phones, email, twitter, other forms of social media to be useful tools, and I find some users of all of them to be incredibly annoying. Some are easier to filter out than others. Our celebrity culture beams silly celebrity stuff into many corners of our existence, but it is still possible to filter most of it out. Some early adopters hate it when everybody figures out that the shiny new toy is fun. I say grow up and learn to share. My kid tells me I'm "using Facebook wrong" but guess what . . . I don't care.