We can but dare we RUA final
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We Can But Dare We?
Amiya Aguilera
Chamberlain University
NR 360 Information Systems in Healthcare
Professor Wills-Savoia
February 4, 2023
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We Can But Dare We?
How many individuals are staring at some sort of technology while you stroll along the street? These days, it is not unusual to see everyone—even children—holding a phone or other smart device. It's amazing how far technology has come in the last few years. However, most individuals are unaware of how easy these smart devices can violate our privacy. We can all acknowledge that technology has had a beneficial and major impact on our lives. It has made it easier for us to stay up to date on things happening all around the world, stay in touch with our distant families, and learn new skills without having to attend school, among several other things. All things considered, technology has improved our lives and the healthcare system as well. Technology’s integration into the healthcare system has enhanced patient-centered care and given workers the resources they need to finish tasks much more quickly and efficiently. Now let’s imagine while working at the hospital, you learn that a celebrity has been admitted. You are tasked with managing their case, and you took a picture of them with your work phone without their knowledge. Later that week, you find out from a peer that your company's cell phone is being searched by the hospital as part of a large-scale investigation into a potential HIPAA breach involving the above-mentioned celebrity. In this essay, I'll go over the pros and cons of employing technology in healthcare as well as how HIPAA laws and regulations relate to social media sites.
HIPAA, Legal, and Regulatory Discussion
Only other members of the healthcare team may access a patient's private medical and personal information while they are in the hospital. The creation of the Health Insurance Portability and Accountability Act (HIPAA) in 1996 preceded the existence of social media platforms like Tiktok and Instagram. According to the Centers for Disease Control and
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Prevention (CDC, 2022), HIPAA is a federal statute that mandates the development of national standards to safeguard sensitive patient health information from being disclosed without the patient's knowledge or agreement. This law must be followed by everyone who offers medical services to the general public, including insurance companies, hospitals, and their staff. Social networking has made it less complex to violate HIPAA regulations thanks to recent technological
developments, and some people may be doing so unknowingly. Health information is exchanged between physicians and health insurance companies, but it may not be used for any other explicit
purpose without the patient's consent. If there are HIPAA violations, there may be repercussions. Among the repercussions could include being fired by your company, facing penalties from the nursing board, or even facing criminal accusations that could result in jail time or fines (De Simone, 2019). In light of the increasing likelihood of smartphone use and potential HIPAA violations, policies need to be established and thoroughly discussed with all medical personnel. It
is imperative that all staff members comprehend the policy of their organization concerning social media and are aware of the need to obtain authorization before disclosing patient information via any platform.
Advantages and disadvantages
Like anything else, there are positive and negative aspects to using technology in healthcare. The convenience of accessing patient information, whether from the patient or the provider, better medication safety, tracking reports and data, and enhanced patient-provider contact are just a few benefits of technology in the healthcare industry (Chang et al., 2023). Both patients and physicians have easy access to their medical records from any location. Patients can also view their test results more quickly, but this also has the potential to be an issue as well. For example, if a patient receives bad test results late after work without knowing exactly what to
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look at, they may misinterpret the information and fail to get a proper explanation from their provider right away. Additionally, patients may misdiagnose themselves through research online and "treat" the incorrect condition. Furthermore, being overly dependent on technology increases
the likelihood of errors when it malfunctions. Technology use also comes with the potential of cyberattacks, which drives up the expense of hiring an IT staff to defend patient data from these attackers. Apart from safeguarding against intruders, IT must assist users in case of lockouts or lost passwords.
Scenario Ending and Recommendations
The scenario starts off with a nurse at home with her husband, kids, and dog on her day off after working her three 12-hour shifts for the week. She decided to go outside with the family
and build a snowman and make snow angels as it was the first snowfall of the winter. Just as she was getting the kids dressed she got a text message from her coworker saying there’s a huge investigation being conducted at work due to a HIPAA violation that involved a celebrity who had been admitted to the hospital and you cared for during their stay. She has been a case manager at this hospital for several years, so she was trusted to care for this high profile case and
given a company cell phone for hospital use as she was on call three days a week. The case manager took several pictures of the celebrity in his vulnerable state without his knowledge. She then got contacted by the Gossip Gazette who would give her money for the pictures, so she sold
the pictures to them which were then posted all over social media. Once the celebrity found out they decided legal action was going to be taken against the hospital. During the investigation they ask to search your company cell phone where they find the pictures. Disciplinary actions were finally decided, and she was terminated from her position, fined $50,000, and the loss of her nursing license due to the violation of HIPPA.
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As a case manager in the hospital, sometimes taking pictures of your patient is necessary for the job, however, it should be with their consent and necessary; however, for this case taking pictures was not necessary. Had the caseworker wished to snap a photo for themselves, they should have obtained consent from the famous patient and used their own phone instead of the one provided by the hospital. In this case, since the patient is aware of the photo, they would not have violated any HIPAA laws if they had requested consent and used a personal phone. One suggestion that could be implemented is to have an instructional class for the nurse. Even though
the nurse was fired, it would be in her best interest to receive appropriate training on patient privacy and HIPAA violations. The nurse still has the opportunity to become more conscious of her actions so that she doesn't repeat the same error in her next hospital position. According to studies, staff members who have completed HIPAA training are less likely to break the laws regarding HIPAA (Kiel, 2021).
Reflection
Many people act without giving it much thought, but working in health care requires you
to consider a variety of factors before acting, including social media posting and the delivery of medications, among many others. Technology is developing daily, and we must be conscious of the precautions we must take to prevent harm to not only ourselves but also our patients from potential dangers associated with this progress. I will utilize this knowledge to protect my patients and their privacy as best I can, adhering to established norms, as most healthcare professionals are there to aid and protect our patients when they are at their most vulnerable. Many benefits have resulted from the integration of technology into medical fields, including the
promotion of health on social media. However, as the scenario illustrates, there are drawbacks, such as nurses capturing images of patients and sharing them on social media. I will benefit as a
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healthcare provider from this since it will make me more conscious of how simple it is to break the HIPAA Privacy Rule. I will be more mindful of the fact that taking a picture to just recall something—something we do on a daily basis—violates HIPAA regulations. Because technology
has the potential to benefit and harm us, it is imperative that all aspiring nurses always remember
and uphold HIPAA standards. They should also put these regulations into practice and exercise caution while posting anything on social media. I’ll act differently going forward as a healthcare provider in light of this new information. I'll keep my patients' privacy in mind and pay closer attention to HIPAA requirements. I'll make sure I've received enough training to carry out my duties as a nurse in accordance with HIPAA. My goal is to be a nurse that my patients can depend on, and I never wish to do anything that could put them in danger or make them feel uneasy.
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References
Chang, H. C., Choi, J., Shim, J., Kim, M., & Choi, M. (2023). Benefits of information technology in healthcare: artificial intelligence, internet of things, and personal health records.
Healthcare Informatics Research
,
29
(4), 323–333.
https://doi.org/10.4258/hir.2023.29.4.323
De Simone, D. M. (2019). When Is Accessing Medical Records a HIPAA Breach?
Journal of Nursing Regulation
,
10
(3), 34–36. https://doi.org/10.1016/S2155-8256(19)30146-2
Health Insurance Portability and Accountability Act of 1996 (HIPAA) | CDC
. (2022). https://www.cdc.gov/phlp/publications/topic/hipaa.html#:~:text=The%20Health
%20Insurance%20Portability%20and,the%20patient%27s%20consent%20or%20knowledge.
Kiel, J. M. (2021). It's the Law: HIPAA Training for Students.
The Journal of Health Administration Education, 38
(3), 839-844. https://chamberlainuniversity.idm.oclc.org/login?qurl=https%3A
%2F%2Fwww.proquest.com%2Fscholarly-journals%2Flaw-hipaa-training-students%2Fdocview
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