Introduction
New technologies, starting from electronic medical records and medical devices and ending with mobile devices and Web applications, allow doctors to improve the health status of patients and save lives. These technologies provide healthcare employees with the opportunity to collect more information to study patient histories. Data is continuously increasing, allowing the exchange of health information via complex systems, which increases risks and vulnerabilities of patients’ confidentiality. The below discussion on the given scenario is directly related to the violence of the latter problem that has become widespread nowadays. The purpose of the paper is to provide an in-depth understanding of the consequences of the breach of patients’ confidentiality with social media and cell phones, as well as of regulatory acts on the issue. The investigation will be organized as follows; the first part will explore the legal dimension of the theme. The second section will contain recommendations and suggestions on the chosen scenario ending. Then, the third part will examine the advantages and disadvantages of social media and smartphones in healthcare. Finally, the conclusion will consist of the summary and reflections on what was learned.
Legal Dimension of the Issue
The Health Insurance Portability and Accountability Act (HIPAA) is a law that allows US workers to maintain their health insurance in the event of a job change or job loss. It aims to stimulate the use of electronic medical files, which simplifies the exchange of information and increases the efficiency and quality of the American healthcare system. Among other things, HIPAA contains provisions that serve as a foundation of the confidentiality of protected health information (PHI). The PHI definition covers a wide range of personal health information, including insurance and billing information, diagnosis, clinical care, and examination results, such as images and tests (Gialanella, Mastrian, & McGonigle, 2018). HIPAA rules apply to hospitals, health care providers, corporate health care organizations, research institutions, and insurance companies that work directly with patients and their data. According to HIPAA, the primary principle of using social media in the healthcare system is to refrain from disclosing PHI via social media (“HIPAA social media rules,” 2018). It should be stated that smartphones – within the framework of the issue – are forbidden and cannot be used for the mentioned purpose.
Then, Health Information Technology for Economic and Clinical Health (HITECH), supplements the existing provisions of HIPAA. HIPAA and HITECH are jointly setting a set of national standards to protect PHI privacy. These provisions are included in the rules that aim to simplify the administrative process (“What is the relationship,” 2018). HIPAA and HITECH define the requirements for the use and disclosure of PHI, the relevant PHI protection measures, personal rights, and supervisory responsibilities.
It seems reasonable to state that in the scenario, the nurse violates a number of fundamental HIPAA and HITECH provisions. The nurse abuses the trust of the patient as she takes a picture of him and shares it; she also stores confidential patient’s data in the cellphone. The described actions do not follow the standards of HIPAA and HITECH. Furthermore, the nurse seems to be negligent with the data that has been obtained as she leaves the smartphone at work after she ends the shift. It might be claimed that the legal meaning of the nurse’s actions is the breach of the fundamental patient’s right – the right to privacy.
Scenario Ending and Recommendations
The paper will explore the third scenario ending, as well as provide several recommendations on it. This ending involves posting a picture of Jerod on Facebook and Instagram as it is assumed that most contacts will not recognize him. The other nurse’s argument – according to the chosen ending – it is a day off and personal time, so no harm will be made. The nurse does not seem to care much about the situation that has taken place.
Nevertheless, for the nurse, the consequences might be severe and even hinder her further career and reputation. Posting Jared’s picture on the social media platforms is critically against the ethical rules for nurses, as well as the legal regulations (“HIPAA social media rules,” 2018; “What is the relationship,” 2018). It seems apparent that the nurse should have got acquainted with HIPAA and HITECH provisions appropriately before getting to practice. In this case, the nurse would not have posted the picture without the written permission from the patient (“HIPAA social media rules,” 2018). She would be more respectful to the privacy of her patients.
In order to mitigate the problems caused, it is recommended to delete the photo from social media and smartphone initially. However, keeping in mind that Instagram and Facebook send notifications about the new postings of friends, there is a high probability that the picture could be seen. Thus, the violation of the patient’s privacy has taken place anyway. For the nurse, it is essential to admit this violation and make apologizes to Jerod, as well as to the healthcare establishment publicly. Such an action might result in less serious consequences – the healthcare provider might apply only a disciplinary action against the nurse taking into account her admission of guilt and attempt to deal with consequences promptly. From the perspective of the healthcare establishment, it might be proper not to take any serious disciplinary action against the nurse if she follows the recommendations above. For instance, she may be forced to do some extra cataloguing work. In another case, it seems reasonable to report her to the Board of Nursing and make the nurse attend courses on patients’ rights.
Advantages and Disadvantages of Social Media and Smartphones in Healthcare
The primary advantage of social media and smartphones for healthcare might be determined as professional networking. Nowadays, ones involved in the sector can take part in online communities, cooperate with experts, and network with colleagues within the scope of various issues via social media and smartphones (Ventola, 2014). It significantly increases the quality of services as plenty of professional opinions and experiences may be considered if a problem occurs.
Then, the opportunity to obtain necessary data and answers via communities contributes to the process of never-ending professional education. Both nurses and physicians tend to gain educational benefits from being involved in diverse web communities (Ventola, 2014). Streaming of lectures and seminars, live discussions, and sharing essential medical sources of information – all these lead to the constant development of healthcare employees. Moreover, professionals have the possibility to improve their conversational skills, which might positively result in communication with patients.
However, there are some disadvantages related to social media and smartphones. The first and the most apparent one comes from a patient’s perspective – the violation of privacy. It is claimed that there has been a substantial number of these violations recently; moreover, plenty of cases seem not to be reported at all (“HIPAA social media rules,” 2018). From the discussion above, it is apparent that healthcare professionals are to be acquainted with the principles of HIPAA and HITECH to bear in mind the strict boundaries of social media and cellphones in healthcare.
Furthermore, there might be the exact extent of damage to the professional image of physicians and nurses. At times, the personal life of healthcare professionals – which is likely to be shared via social media today – does not align with their reputation and status at work (Ventola, 2014). For instance, a nurse might be a competent, polite, and perfectly-communicating person but to attend hard-rock festivals and post photos from there. A patient might find the nurse’s account on Instagram and wrongly correlate the nurse’s preferences of such wild music with measured healthcare providing. This patient may be concerned about the quality of services and the nurse’s professionalism inappropriately.
In order to obtain benefits from using social media and smartphones in healthcare, professionals have to follow some principles. They have to fully recognize the importance of patients’ privacy and the provisions of HIPAA and HITECH. Then, they are to develop a system in which patients’ personal data would not be leaked or unconsciously shared. Finally, the founding ethical and professional principle of using the mentioned technologies in the discussed framework is to ask a patient’s permission to use or share their personal data.
Conclusion
To conclude, a significant extent of danger to patients’ confidentiality that comes from using social media and smartphones by healthcare professionals was identified. The scenario was a notable foundation for exploring HIPAA and HITECH provisions by applying them to the case provided. It was learnt that these provisions are a primary legal source that regulates the issue of privacy in healthcare. Furthermore, it was examined that social media and smartphones within the scope of healthcare have both advantages and disadvantages. The latter is the damage to professional image and probability of privacy violation, and the benefits are professional networking and professional education.
References
- Gialanella, K., Mastrian, K., & McGonigle, D. (2018). Legislative aspects in of nursing informatics: HITECH and HIPAA. In McGonigle, D. & Mastrian, K. (Eds.), Nursing informatics and the foundation of knowledge (4th ed.) (pp. 145–168). Burlington, MA: Jones and Bartlett.
- HIPAA social media rules. (2018). Web.
- Ventola, C. (2014). Social media and health care professionals: Benefits, risks, and best practices. P&T, 39(7), 491–499.
- What is the relationship between HITECH, HIPAA, and electronic health and medical records?(2018). Web.