We Can, But Dare We?

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.

Healthcare technology has grown and evolved over time. With the conversion to electronic medical records and the creation of social media just to name a few, ensuring patient privacy is of the utmost importance for healthcare facilities in this day and age. In order for an organization to avoid hefty fines, it is imperative that a healthcare administrator maintains compliance with the standards and regulations associated with the Health Insurance Portability and Accountability Act (HIPAA). This paper will provide a summary

“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,

Social websites such as Facebook, Twitter, Instagram, and the use of smartphones have quickly integrated themselves into our everyday lifestyle. With the constant advancement of technology, it is no surprise that this trend has affected not only the personal lives of user 's but also their work environment as well. It is important that future healthcare workers understand the many rewards and challenges technology can bring to the workplace.

Did you know that violating HIPAA can lead to criminal charges and even possible jail time? Also can cost you up to $1.5 million a year depending on the violation (Brown,2014). Violating HIPAA can be something as little as talking about the treatment of your patient that day to another nurse in the elevator. In this paper HIPAA will be defined and the importance of HIPAA in the health care system. As well as outcomes of what will happen if laws are violated. In addition, the scenario ending and what should happen to the nurse. Lastly, the advantages and disadvantages of cellphones and electronic devices in healthcare.

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

In his Modern Healthcare article, “HIPPA Hurdles”, author Joe Carlson exclaims his concern for the new rules set in HIPPA that will be put into place this month. HIPPA is a set of measures, and laws, that healthcare provider’s take to ensure they are “safeguarding” patient’s health information (Carlson 2013). Carlson is speaking up for most healthcare providers when he describes his distaste for these new provisions in the Omnibus HIPPA Final Rule. The main issue in these provisions states that providers will have to “Honor requests from patients to withhold sensitive records from insurance companies if the bills are paid out of pocket.” (Carlson 2013). He asserts that the reason this will become an issue is because no one has the technology to simply safeguard one hospital or doctor visit from insurers, and that their own technological programs compile everything together and make this request difficult. While this new rule may be helping out patients, it will be causing more hardships and possible punishments when the healthcare providers forget or are not able to do as the patient asks. By grabbing his audience’s attention through appealing to our logic and emotions, Carlson does succeed in informing us about these new concerns.

HIPAA, (Health Insurance and Portability Act of 1996) outlines rules and regulations and the rights of patients to access their healthcare information such as notifications of privacy practices, copying and viewing medical records, and amendments. This paper explains why confidentiality is important today and discusses recourses patients can use if they believe their privacy has been violated. This paper will also discuss criminal and civil penalties’ that can occur for breaking HIPAA privacy rules.

Even if you are not familiar with the medical world and all the privacy or ownership rules that are constantly forming, think of this in general terms. Invasion of privacy from the government listening in on your phone conversations, email, and so on. Think of the ways some companies break ethical rules by sharing our private information all over the web. An invasion of

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,

Peel’s interpretation of the HIPAA regulation is that “HIPAA does not protect privacy” (Peel, 2014). She explains that health data is continuously being bought and sold between multiple different agencies and that data breaches are due to a policy problem and not a technology problem (Peel, 2014). This stance on the lack of privacy and security under HIPAA is an accurate point of view. Amendments to the HIPAA in 2002 included eliminating required consent for PHI disclosure, changing the policy for obtaining patient consent allowing for the free oral communication between doctors to discuss patients’ PHI, clarifying the current physician’s discretion to provide or deny access to children’s health records, restricting PHI for marketing purposes or use by parties not directly involved in patient care, and provisions for providers regarding billing and business practices (Norman, & Burroughs, 2002, p. 865-866). These amendments that eliminate the need for patient consent further degrade the lack of protection of PHI. Dr. Peel challenges the medical community to expose the continuous transfer of vital patient records between third party corporations in an attempt to draw attention and make a positive change toward proper security of patient’s

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