MDNews - Long Island

+++++++++++++++++++++++++++++ + + +++++++++++++++++++++++++++++ BUSINESS OF MEDICINE +++ +++ Your Practice: Do This, Not That Advertising IN 1977, U.S. SUPREME COURT case Bates v. State Bar of Arizona overturned the prohibition on attorney advertising and paved the way for physician advertising. Some members of the medical community were slow to embrace advertis- ing in subsequent decades, but today, many physicians view advertising as critical to maintaining successful practices. "It would be pure folly for a physician practice to avoid marketing and advertising entirely, because consumers who don't know about a practice can't choose it," says David Harlow, J.D., M.P.H., award- winning health care blogger and Principal of The Harlow Group LLC, a Boston-based health care law and consulting fi rm. "The question for any physician or practice manager is: 'What kind of marketing is appropriate for my practice?' An important arrow in the quiver, so to speak, is social media, which practices can use to com- municate with patients, potential patients and referral sources without 'selling.'" The More You Know Effective marketing demands clear goals and in-depth knowledge of the audience you're trying to attract to your practice. 30 | Long Island MD NEWS s MDNEWS.COM You may wish to consult your professional society or obtain legal counsel as you formulate your marketing strategy, but the following dos and don'ts can help as you begin thinking about how best to bring attention to your practice. + Do be truthful ing. For example, don't claim to be a specialist if you don't possess the appropriate certifi cation. + Don't advertise products or devices. Market yourself instead, but ensure facts can support claims regarding your expertise and the quality of care you provide. + Do use patient testimonials in advertis- ing, but do so cautiously. Avoid touting the result of a procedure as "typical" if it is not. + Don't disclose patients' protected health information without fi rst securing their written, uncompensated consent using a standard release form as approved under the Health Insurance Portability and Accountability Act. + Do familiarize yourself with advertising laws in every state in which you plan to promote your practice, as these laws often differ from state to state. + Don't promise results. in all advertis- + Do learn the restrictions placed on physician self-referrals for Medicare and Medicaid patients by the Stark law. + Don't advertise in a way that is diffi cult for consumers to understand. Deliver the message you wish to deliver in everyday language, not by using medical terms unfamiliar to most consumers. "The simplest, yet most important tip I have for physicians who wish to market their practices is to be truthful," says Harlow. "Be honest about the results patients can expect." Honesty, as your mother once told you, is the best policy — and it's the most effective marketing strategy of all. To read the American Medical Association's opinion on advertising and other ethics issues, visit www.ama-assn.org and select "Medical Ethics" from the Resources tab. Then, click "AMA Code of Medical Ethics" in the left-hand menu. s

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