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.
A recent example of the importance of providing such guidelines comes from Walgreens. Senator Charles Grassley sent a letter of inquiry to Walgreens requesting information about its participation in the 340B drug program as a contract pharmacy. Sen. Grassley’s concern was that contract pharmacies are using the 340B program to increase revenue, while the true intent of the program is to lower outpatient drug prices for the uninsured. In citing his concerns, Sen. Grassley referenced a post by a senior Walgreens analyst on the analyst’s LinkedIn page that stated that 340B is “…a relatively new area within Walgreens and is projected to add a minimum of $250 million in incremental revenue over the next 5 years.” The analyst’s LinkedIn page further read that Walgreens “…optimizes client’s 340B program, so they can be more profitable while lowering Walgreens liability.” The Walgreens’ employee’s disclosure of company revenue on his social media page illustrates the importance of having clear direction in place for both employees and management in how social media is utilized with respect to your organization’s operations.
Because the National Labor Relations Board has held that many employment policies dealing with confidentiality and social media have been unlawfully overbroad, employers should ensure that their policies balance the need for protecting confidential and proprietary information with an employee’s rights under the National Labor Relations Act.
If you have any questions about your current social media or confidentiality policies or need assistance in developing such policies, please contact Joshua Reading at 317-977-1486 or jreading@hallrender.com, Carrie Turner at 414-721-0458 or cturner@hallrender.com or your regular Hall Render attorney.
