Essay on Implications of HIPPA Violations in Nursing

Confidentiality is a concept of vast importance for professionals in the medical field. It is a professional obligation in this field and is considered to be an ethical concept that falls in line with integrity, compassion, veracity, charity, and fidelity as explained in both the International Council of Nurses Code for Nurses (1973) and the American Nurses Association Code of Ethics (1985). However, in today’s ever growing world of technology and demand for information, challenges continue to arise that force doctors and nurses to reexamine virtues such as confidentiality.

Disclosing confidential patient information without patient consent can happen in the health care field quite often and is the basis for many cases brought against health care facilities. There are many ways confidential information gets into the wrong hands and this paper explores some of those ways and how that can be prevented.

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.

“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,

Users tend to send updates to their profile throughout the day while at work. Nurses at Innovis Health in Fargo, North Dakota utilized Facebook to allow next shift nurses to prepare for their shifts; they did not post patient names however, did post patient specific information (Ratliff, 2015). Innovis Health also saw a post a first responder had posted on Facebook who responded to an unusual call (Ratliff, 2015). United States Department of Health and Human Services must continue to regulate these violations because a goal of the United States health care system is to increase efficiency, quality, and effectiveness of service. With simple mistakes, could cost health care employees, their jobs and facilities,

Even though hipaa violations are an important standard in preventing many individuals from causing several breaches of information from getting out, it is important to work on a strategies within several health care organizations that will work with the privacy rules regarding violation laws. “Jill Granger & Laura Cataldo (2013) reports When working in the healthcare setting, it is important to consult with the guidelines established by one's institution and to participate in any training programs to insure that the appropriate steps are being taken to maintain privacy. There are also a variety of additional resources available from the federal government and professional organizations to assist in the training process that may be especially

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,

A comatose patient has the same rights as to that of a patient that is fully conscious, therefore, should not receive more or less treatment because of their condition. It is fact each patient has a unique situation but that should not hinder them from the care they rightfully deserve. Health Insurance Portability and Accountability Act of 1996 (HIPAA), was put into place to ensure and improve the efficiency and effectiveness of the health care system all the while protecting patient health information. Meaning the hospital and its staff are obligated by law to be given consent before treatment. To be considered legally informed a health professional must inform and disclose to the patient and/or legal guardian of the diagnosis, the proposed

Nurses have a professional responsibility to ensure that safe boundaries are kept in the relationship between patient and Nurse. It is these boundaries that provide the nursing profession with integrity, and according to Baca (2010, pp.195) it is essential these boundaries be maintained because of the difference in power between the nurse and patient. However, boundary violations can occur, when a nurse crosses from the zone of helpfulness to over involved, the ANMC (2011 pp.3) believes that when a violation occurs a nurse is behaving unprofessional manner and misusing their power in the patient nurse relationship. This misuse of power can be categorized into 3 types; boundary crossing, boundary violation and the extreme form of sexual misconduct. Often by mistake a nurse could cross the boundary without thought, a

The use of Facebook between patients and medical professionals can put the patient’s confidentiality at risk and jeopardises the integrity of health system causing the view that they are seen as trustworthy to change. Better Health Victoia states "By law, your medical records and health information must be kept safe and private by all medical and healthcare professionals". Marks colleague and

There are five principles to ethical nursing. The first principle, nonmaleficence, or do no harm, it is directly tied to a nurse's duty to protect the patient's safety. This principle dictates that we do not cause injury to our patients. A way that harm can occur to patients is through communication failures. These failures can be intentional or as a result of electronic or human error. Failing to convey accurate information, giving wrong messages, and breaking down of equipment, can cause harm to patients. Some of these communication problems may certainly occur whether a patient is at a neighborhood clinic or 500 miles away, but distance and high reliance on electronic technology make close examination of communication and ethical

Patient confidentiality and their privacy are very serious matter in the eye of the law. “Security breaches threaten patient privacy when confidential health information is made available to others without the individual's consent or authorization” (Ozair, Jamshed, Sharma, & Aggarwal, 2015). Therefore, all healthcare staff members must review policies that addresses employee confidentiality, protection of patient privacy and rights. “Every nurse must be aware of that the Health Insurance Portability and Accountability Act (HIPAA) and how to maintain the confidentiality of patients. Furthermore, HIPPA offers protection and limitation of personal health information, and security to each patient. Besides every healthcare provider must to abide series privacy standards and HIPPA guidelines. “HIPAA requires health care organizations to offer education about private health information (PHI) to all employees and that employees review PHI policies annually”(Hood, Leddy, & Pepper, 2014). HIPPA Violation can occur with employees who are not really familiar with their regulations such as: volunteers, students, interns and employees who have access to patient information. Therefore, each of those people must be in compliance of training and obtain of understanding about privacy and security of patient

The specific incident described in the narrative portrays a difficult ethical situation for the nurse. Being a part of the health care profession, the nurse must uphold and maintain patient confidentiality and respect patient privacy needs (Oberle & Bouchal, 2009). That being said there may be times when a nurse feels obligated to disclose specific information about a patient. This is seen as appropriate when the information withheld could potentially cause further harm to the patient or others. The nurse must ensure that there is a conflict of good, or that more harm may arise to the before reporting any information that would

Other concerns are conversations within the hospital cafeterias/lobbies about patients and their families, and employees sharing information throughout the hallways without a “need to know.” Once employees discover their colleagues looking at patient information without a “need to know basis,” and, other wrong doings according to the agency’s standards, their own sense of what is right and wrong instantly comes into question. Reporting the unethical behavior, the employee who had discovered the violations of patient rights is presented with a number of difficult choices. The legal basis for imposing liability for a breach of confidentiality is more extensive than ethical guidelines, which dictate the morally right thing to do.