Michael J. Ackerman et al. (2013) describes his experience as well as topics discussed at the meeting of the American Medical Informatics Association that he attends each year. One session titled “Privacy, mHealth, and Social Media,” brought up an important question; can you ethically look up a troubling patient on social media in order to get information that did not add up during your patient interview? (Ackerman, 2013). Resulting from HIPAA only covering providers and not patients, medical information given away on social media by an individual has waved their right to privacy, giving all users access to the information posted (Ackerman, 2013). It is important for social media users to understand that the information they post, as well as store in the personal health record kept on their smart-phone, is accessible to other users and further and unwanted information may also be released or obtained in the case of one losing their phone. Ackerman also states that due to patients now having the ability to send data obtained from m-health devices to their physician and expect an immediate response and interpretation, there are now several guidelines for physicians to follow when using social media (2013). Smalls (2012) reinstated Ackerman’s point regarding HIPAA covering providers only. Anything a provider shares or posts must be in compliance with the Act; if a patient can be identified by the information given, that information is individually identifiable health
While advancements in technology have positively impacted the nursing field, it has also created huge concerns with patient privacy and sharing of protected health information leading to detrimental effects to patients and their families. Indeed, technology is changing the face of healthcare with positive innovations to reduce medication errors and documentation errors. However, technology at our fingertips has created immense concerns with sharing of protected health information of patients via social media, email and other means of communication via technology. This paper addresses why I feel the advancement of technology has numerous deficits that need more research and implementation of new laws and policies to safeguard the
165). The HIPAA regulations are set as a protection of Personal Health Information (PHI) and all of its areas of concern, i.e. – name, condition, symptoms, etc… Legally, the nurse is not subjected to any clearly defined healthcare related laws, at the federal level, liable under the Privacy Acts of 1974 which protects any personal identification records or information relating to the patient’s privacy. The nurse takes photographs of the patient’s demographic information from his electronic health record which violates the regulations set forth by the Privacy Acts of 1974 (Privacy Act of 1974, n.d.). In many aspects of this scenario, a major concern lies on the nurse’s ethical, unethical, practice. The American Nurses Association (ANA) delineates in Provision Three of the Code of Ethics for Nurses “The nurse promotes, advocates for, and protects the rights, health, and safety of the patient.” (ANA, 2015). The nurse is in many violations enough to end their career in this situation. The privacy of the patient is a right not a privilege. With the increase usage of social media, this invasion of privacy on the patient could potentially be leaked and could lead to jeopardizing the patient’s safety while in the hospital.
Communication has been permanently changed by social media. A wide conceptual definition of social media, as cited in Ressler & Glazer (2010), is “The online and mobile accessible services that enable individuals to connect, collaborate, and share with others in real time.” Social media has an obvious influence on informal communication style and represents both possibility and liability for healthcare institutions. As cited in Bernhardt, Alber, & Gold (2014), “Social media provide healthcare professionals with tools to share information, to debate health care policy and practice issues, to promote health behaviors, to engage with the public, and to educate and interact with patients, caregivers, students, and colleagues.” It also presents challenges, including risks to information accuracy, organizational reputation, and individual privacy. Social media can be a very helpful in communicating among nurses and other healthcare providers while creating professional connections, and sharing experiences, but guidelines for appropriate use by healthcare providers are essential. Whether or not certain healthcare organization decides to use social media as a communications tool - social media policy still need to be implemented. Policies help establish an organization 's rules and expectations around social media.
“Facebook remains the most popular platform for those using just one social media site—fully 79% of those who use just one site report using Facebook. Most Facebook users are actively engaging with their networks on the site. As opposed to simply reading or viewing content, 65% of Facebook users frequently or sometimes share, post or comment on Facebook” (Duggan, Ellison, Lampe, et al, 2015). As discussed previously, privacy and confidentiality is a right that everyone has no matter what. Therefore, healthcare professional’s privacy and communication cannot be entered and examined however; rules and guidelines have been put into place to manage confidentiality in the healthcare setting. In 2003, these guidelines were manifested and are known as the Privacy Rules, which are controlled by HIPAA. These rules were established to safeguard personal identifiable health data, which include an individual’s date of birth, social security number, address, photographs that may identify the patient, and past and current medical history (U.S Department of Health and Human Services, 2006). HIPAA defines “individually identifiable health information” as information that is a subdivision of health data, including demographic information gathered from an individual and is generated or received by a health care provider, health plan, employer, or health care clearinghouse and connects to the previous, current or future physical or
In the world today, smartphones are becoming the “norm”, with basic phones becoming nearly obsolete in recent years. Pairing the overwhelming presence of social media with the rise in usage of smartphones brings to light an entirely new set of problems and challenges regarding patient privacy. According to a 2010 study conducted regarding various boards of nursing, 67% of executive officers surveyed reported receiving complaints about nurses misusing social media (Spector & Kappel,
Patient privacy has been a major concern for patients and medical staff for many years. Patient privacy goes hand in hand with HIPPA and the privacy rule. This protects the privacy of any person of all health information (U.S. Department of Health and Human Services, 2010). Even with this a concern for many, a study conducted by Zogby Internation studies more than 2000 adults to obtain their views on patient privacy. This studied determined that individuals would rather have individual choice and control over personal health information instead of others (Patient Privacy Rights, 2010).
HIPAA, otherwise known as the Health Insurance Portability and Accountability Act, was enacted in 1996 which required organizations to devise methods to safeguard transfer and disclosure of personal health information (Shi, 2015). Protected health information (PHI) is any information about a patient’s health status that can be associated to a certain patient. HIPAA being the act that protects the spread of patient confidential information, can be violated on accident more than often. Social media, including Twitter, Facebook, Instagram, Linked In, etc. has millions of users daily and users have the option to post or ‘tweet’ whatever they may want. Easily enough, HIPAA violations can occur through social media and the United States Department
Social media has taken over the way that we interact with one another. It is leading the way in which we communicate with family, friends, coworkers and strangers. It is also the way we keep up with our favorite celebrities and gossip. Social media and the use of smartphones are becoming more prevalent in business and the healthcare field as well. According to Pew Research Center, “62% of smartphone owners have used their phone in the past year to look up information about a health condition” (April, 2015). Technology, just like all things come with flaws
In the present culture of the United States, social media has had a major impact in American society. It has a profound influence and intertwined itself in almost every aspect of the average American’s life. It ranges from providing updates of location of a person(s), events, and sharing personal moments. Even different industries are utilizing social media as a platform for communication, information, and sales mediums. One industry, the health care field has seen a rise in the utilization of social media. For instance, an emerging population of physicians are using social media apps such as Snap Chat, Facebook, and YouTube to educate, display surgical, and medical procedures while being performed. In contrast, as there are positive aspects of utilizing social media, a negative trait of social media is invading and exposing individual’s privacy. As of recent, a New York licensed nurse had to surrender her nursing license and sentenced to 3 years of probation for “moral unfitness in the practice (Bowerman, 2016).” She took photos with her phone of two unconscious male patient’s genitalia and shared them with coworkers. This has become an increasing issue and as the utilization of social media in healthcare is increasing, many ethical issues are developing. For instance, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was passed for the adoption of a national standard for electronic health care transactions and code sets, unique health identifiers,
With the social media craze and hospitals utilizing electronic medical records (EMR), there have been more reports of patient confidentiality breaches. It is as if HIPAA does not exist anymore. Many healthcare employees have been terminated for their social media post. Who would have thought posting a simple picture of a child you took care of on FaceBook could get you fired? Or simply stating something you experienced while wearing hospital paraphernalia could possibly get you terminated. These are just two commonly seen examples of HIPAA violations.
In nursing school HIPAA is one of the first and foremost topics covered. It is not simply a skill that can be tested on paper and filed away into the back of your mind. HIPAA is a crucial concept and practice that all workers in the field of healthcare must strictly adhere to. Although it should seem like common sense to respect the privacy and rights of a patient, there are far too many incidences where boundaries have been crossed, and information breached. The case of Carolyn Strom should serve as a pertinent example reinforcing how rapid the response can be when posting on social media, even if you think you are being discreet or anonymous. Patients need to be looked at not as chart numbers, but as humans who have a sense of pride
Privacy and confidentiality are basic rights in our society. Safeguarding those rights, with respect to an individual’s personal health information, is our ethical and legal obligation as health care providers. Doing so in today’s health care environment is increasingly challenging (OJIN, 2005).
The correlation of increased potential patient rights violations and sensitive personal health data among electronic medical records than paper records is growing at an alarming rate. An estimated 52,000 public comments was reviewed by the Department of Health and Human Services requiring privacy regulations governing individually identifiable health information since the passage of Health Insurance Portability and Accountability Act of 1966 (HIPPA). The individually identifiable health information includes demographic data that relates to the individuals past, present, or future physical or mental health condition. In addition, the provision of health care rights of the individual, confidentiality, protection of
At the same time, health care organizations find challenges in adopting social media. Hospital and medical practices are risk adverse and generally cautious about new technology trends without clear value. There are questions about whether social media use by hospital employees is a waste of time, or even worse, presents risks of violating HIPAA or leaking proprietary information. Hospital IT departments are concerned about security risks, such as the use of tinyurl.com, which can mask malicious Web sites. Privacy concerns, particularly the vulnerability of social media accounts, are also cited as a reason to avoid social media. (John Sharp 2010).
Despite all of these advances in digital healthcare, there is still hesitation among medical professionals and patients, which slows the widespread adoption of eHealth technologies. Healthcare professionals need to be better educated on how to apply these technologies in their practices. Patients will continue to become more involved in the management of their own health, and physicians must adapt and learn how to provide better care to digitally-connected patients. Privacy and security issues also remain a concern