Provided by: Jennifer Kirschenbaum, Esq.
Today's topic is on the Internet to commemorate our new newsletter format and new website!
Depending on which professional you are interacting with, different concerns will arise when considering how to manage your internet presence. As a healthcare attorney, my concerns with you managing your internet presence are related to minimizing any potential exposure you may be opening your and your practice up to by utizling the Internet for marketing or patient management. The first concern that comes to mind is protecting patient privacy - abiding by HIPAA and HITECH Act requirements for protecting patient information and your electronic system from corruption or invasion. A second general concern for practices utilizing the internet are marketing prohibitions. New York State prohibits advertising not in the public interest, as set forth in New York State Education Law, section 6530 -
27. Advertising or soliciting for patronage that is not in the public interest. (a) Advertising or soliciting not in the public interest shall include, but not be limited to, advertising or soliciting that:
(i) is false, fraudulent, deceptive, misleading, sensational, or flamboyant;
(ii) represents intimidation or undue pressure;
(iii) uses testimonials;
(iv) guarantees any service;
(v) makes any claim relating to professional services or products or the costs or price therefor which cannot be substantiated by the licensee, who shall have the burden of proof;
(vi) makes claims of professional superiority which cannot be substantiated by the licensee, who shall have the burden of proof; or
(vii) offers bonuses or inducements in any form other than a discount or reduction in an established fee or price for a professional service or product.
When utilizing the internet for marketing, billing, patient interaction, etc., be sure to have in place proper protections in place to prevent against improper uses of information, including proper policies and procedures. Also, you may want materials reviewed by counsel prior to posting.
Interested in having Jennifer speak at an event or at a residency/fellowship program? Meet Jennifer at the next New York County Medical Society Event |
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Jennifer Kirschenbaum manages Kirschenbaum & Kirschenbaum, P.C.'s healthcare department and regularly counsels healthcare practitioners in regulatory compliance, healthcare practitioners in regulatory compliance, transactional, audit defense, licensure, litigation and general practice management matters. If you have a question for Jennifer or you would like to schedule her for a speaking engagement, contact Jennifer Kirschenbaum at(516) 747-6700 x. 302 or at 
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