NR 360 RUA: We Can, But Dare We? Solved
Technology surrounds people and many depend on it so much that communication would be affected without it and it would probably be difficult to execute any of major functions in life without it. In the medical and health care areas, technology plays critical roles with communication, diagnostics tools like Magnetic resonance imaging (MRI) and computerized tomography as well as documentation of patient’s care through electronic health records (EHRs) systems. The implication is that use of technology envelopes the current healthcare settings as health professionals and practitioners leverage it to make critical treatment and care decisions and interventions (Cohen & Mello, 2018). However, technology can negatively impact a patient’s care and privacy when practitioners fail to adhere to existing regulations while using it, especially in an era where social media and networking sites are essential in communicating and sharing certain personal and sometimes, professional information with friends and colleagues (Ahmed et al., 2020). The essence of this article is to provide a reflection on a scenario and how it violates existing HIPAA regulations. The paper offers recommendations and highlights the advantages and disadvantages of technology on nursing care.
HIPAA, Legal, and Regulatory Discussion
Health Insurance Portability and Accountability Act (HIPAA) is a federal law enacted in 1996 aimed at protecting private and confidential patient health information from unauthorized disclosures w
ithout their knowledge or consent of patient. The law entails administrative safeguards that should be considered in protecting electronic records through its security rule and privacy rule. Accordingly, the security rule is concerned with protection of individual’s electronic health information while the Privacy Rule protects medical records and other information (Cohen & Mello, 2018). The law applies to health insurance plan providers, healthcare clearinghouses and any healthcare providers.
Regulation of security and privacy of patient health information in healthcare remains one of the most challenging issues since providers face increased chances of violating the rule, especially in the advent of social media networks and increased use of mobile devices by patients and health care providers. while at work, nurses and other health care providers can use their mobile devices like smartphones to access social media networks and chat with their friends, families, and colleagues. While some practitioners assert that the devices aid their working, regulations challenge their continual use where they may be attempted to share patient health information without their consent when they respond to their loved ones’ chats (Cohen & Mello, 2018). Nurses and other providers want to have their phones s that they can contact their families in emergency situations. Some will share their daily activities by posing pictures or writing comments on social media platforms like Facebook, Twitter and posting photos on Instagram. However, disclosing patient information without the consent attracts penalties and fines according to HIPAA Privacy Rule. The penalty for violation of HIPAA rule is $50,000 and one-year imprisonment. When one violates these provisions under false pretense, they attract a fine of $ 100,000 and up to five years’ imprisonment (Surani et al. 2017). The implication is that while the use of smartphones and social media networks has expanded, nurse practitioners and other providers must understand that they must adhere to HIPAA regulations irrespective of the incidents that they encounter in their clinical practice.
Scenario Ending and Recommendations
HIPAA violations attract legal action against hospitals and health care providers who breach the existing protocols.
When a nurse takes photos of a patient injured in a bus and becomes unconscious and shares them with his personal information retrieved from his electronic health record without his consent, she violates the HIPAA provisions (Sawyer & Nguyen, 2020). According to HIPAA privacy rules, no health care provider should share personal health information and even images of a patient. While the nurse took photos of the patient while unconscious during the accident, she went ahead to retrieve his PHI without his consent and shared with her friends (Showalter, 2018). HIPAA outlaws the sharing of such information without express consent from the patient.
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The American Nurses Association (ANA) asserts that nurses rank as the most honest and ethical professionals in the country and should use this trust to make better decisions with the aim of protecting their patients. When they make decisions and take actions that are inconsistent with this position, they violate the trust vested on them by society. Nurses must adhere to the professional code of ethics and ensure safety and privacy of their patients (Garg & Shrigiriwar, 2021). Taking pictures of a patient due to personal reasons and interest is unethical since it occurs in the caring process. such actions may damage a patient’s reputation as well as the public standing of nurses and the health care sector. In this case, the nurse must be investigated and if found culpable pay the requisite fines for the violations. The friend should also be fined for the violations. The hospital facility should also be punished for its complacency in allowing the nurse to share sensitive information.
Advantages and Disadvantages
The use of technologies like smartphones in healthcare has led to improvement of care outcomes and patient’s health. Mobile technology has assisted physicians to monitor their patient’s health in a timely manner. Through these devices, practitioners can make effective decisions and take necessary actions to mitigate adverse outcomes (Sawyer & Nguyen, 2020). Further, smartphones and social media networking sites have allowed providers to interact with their patients and diagnose them as well as make recommendations on treatment interventions.
Through technology, patients and physicians can access reliable information and communicate easily on different care approaches and interventions for better outcomes. Technology has enabled health care providers to offer patient-centered services and enhance overall care provision (Garg & Shrigiriwar, 2021). The use of mobile technology enhances patient’s perspective on the health care system and lessens physician visits and hospital stay. Through technology patients can send inquiries and questions to their physicians and get instant feedback.
Conversely, technology in healthcare entails a host of disadvantages that include loss of privacy and confidentiality. While hospitals have strong HIPAA regulations and protocols, nurses and other healthcare providers can violate these rules by sharing information that is not medically necessary and leads to violation. Therefore, hospitals and health systems must have robust training programs that allow their staff to understand different laws and the effects of such violations.
Use of smartphones causes disruptions and communication breakdowns as nurse practitioners may become busy by texting and commenting on social media posts. The implication is that effective use of social media and smart devices can improve care coordination (Sawyer & Nguyen, 2020). However, these devices can also cause violations to existing rules and lead to serious effects on the providers and their facilities.
Conclusion and Reflections
Social media and smartphones as well as other smart devices can enhance patient care and sharing of critical medical and health care information. However, these tools have the risk to cause risks and potential violations to existing rules by health care providers. The possible risks include damage to professional image and reputation, breach of HIPAA rules and litigations due to libels and provision of poor quality services to patients. Most of the negative outcomes can be avoided through continual employee training on the current privacy laws, especially HIPAA provisions on privacy and security. The practitioners must be aware of these rules as they use their mobile devices in health care settings.
References
Ahmed, W., Jagsi, R. Gutheil, T. G., Katz, M. S. (2020). Public Disclosure on Social Media of
Identifiable Patient Information by Health Professionals: Content Analysis of Twitter Data. Journal of Medical Internet Research, 22(9): e19746. doi: 10.2196/19746.
Cohen, G. I. & Mello, M. M. (2018). HIPAA and Protecting Health Information in the 21st
Century. JAMA, 320(3):231-232. doi:10.1001/jama.2018.5630
Garg, T., & Shrigiriwar, A. (2021). Managing expectations: How to navigate legal and ethical
boundaries in the era of social media. Clinical Imaging, 72, 175-177.
Sawyer, N. T., & Nguyen, M. (2020). HIPAA Versus CIPA (California Invasion of Privacy Act):
Are Physicians Protected from Live Social Media Streaming in the Emergency Department? Western Journal of Emergency Medicine, 21(3), 583.
Showalter, J. S. (2018 January 14). Unintended Consequences: Patient Privacy in the Age of
Social Media. Retrieved on March 18, 2021 from https://www.hfma.org/topics/trends/58918.html
Surani, Z. Hirani, R., Elias, A., Quisenberry, L., Varon, J., Surani, S. & Surani, S. (2017). Social
media usage among health care providers. BMC Research Notes, 10(654). https://doi.org/10.1186/s13104-017-2993-y