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HIPAA and Problem of Using Smartphones in Health Care Settings

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Introduction

Social media is now overrunning our society, in personal, professional, and in private actions. Social media offers innumerable open doors to the available information online for people of all ages. As with all commodities, there are advantages as well as disadvantages to world full of people using computer-mediated technologies. According to “Nurses’ Self-Reported Use of Social Media and Mobile Devices in the Work Setting” published in 2016, adventives like the implementation of healthcare information technology such as electronic health record (EHR) systems, and the open email communication between patients and providers allowing for better more efficient patent center care (Piscotty Jr., R., Martindell, E., & Karim, M., 2016)

On the other hand, most concerns about the use of computer-mediated technology involve a potential violation in correlation to patient confidentiality and privacy rights. While, under different circumstances, the used of social media, and smartphone at the work place may not be perceived as a big issue. Achieved a good control in relationship to the use of smartphones and social media in a professional environment like the healthcare industry, becomes far more of a complex issue. As stated by the medical article tittle, “Privacy in practice: professional discourse about information control in health care.” expectations of privacy and confidentiality in medical care are rooted in core professional ethical standards across a variety of health professions (Anthony, D. L., & Stablein, T. 2016).

According to the American Nursing Association, nurses pledge to ‘do all in my power to hold in confidence all personal matters committed to my keeping, and family affairs coming to my knowledge in the practice of my calling’ (2016). The unlawful use of smartphones in the healthcare settings can cause problems in regards to posable violation of the Health Insurance Portability and Accountability Act (HIPAA). In order to avoid that healthcare workers must always stop and think of the possible breaches of privacy or ethical issues that come with using smartphones in a healthcare setting.

Scenario

I’m nurse working the 7:00pm to 7:00am shift at the emergency room floor in a hospital. It’s a normal night full with all types of drunk, fall risk, fractures, acute and chronic sick patients. I was supposed go to a concert tonight with my best friend but I couldn’t get my night time shift cover. And now my best friend is sending me pictures from the concert to make me jealous. Its 2:00am and we received an information over the medic’s radio, notifying us of an incoming motor vehicle accident victim. The patient is a 28‐year‐old male, a passenger on a bus that was involved in a crash, leaving the vehicle overturned after rolling over an embankment. I stared doing my initial assessment when I realized that the victim looks very familiar. Can it be? It is! The lead singer, Jerod, from the band “Blue Lizards,” I have adored him since I first heard

his voice! I pull my smartphone to send a quick text to my best friend saying that I’m taking care of Jerod, from the “Blue Lizards” band. But of course, she doesn’t believe me, so I snap a picture of the patient with my smartphone and send is as prove to my best friend. The next day I was still very excited about what happened at work the night before. I decided to post the picture on my Facebook, account of me and Jerod, I also wrote a capturing stating the fact that I just spend the night taking care of my favorite singer. All of my Facebook friends commend on it saying how jealous they are.

According to an article written by the authors, Piscotty Jr., Martindell, E., and Karim, M., “The American Nurses Association (ANA) and the NCSBN have touched on privacy issues in their guidelines for the use of social media by nurses” (NCSBN, 2011). Once the image is created on the social network site, this image will remain visible not only to your friends, but also to employers, potential patients, and past patients. Publishing someone personal health care information online will lead to violation of the Health Insurance Portability and Accountability Act. In order to avoid that healthcare workers must always stop and think of the possible breaches of privacy or ethical issues that come with using smartphones in a healthcare setting.

The authors states that even innocuous comments by healthcare providers as ‘friends’ may be regarded as medical advice (Lie, 2011). Expectations of privacy and confidentiality in medical care are rooted in core professional ethical standards across a variety of health professions (Anthony, D. L., & Stablein, T. 2016). According to the American Nursing Association, nurses pledge to ‘do all in my power to hold in confidence all personal matters committed to my keeping, and family affairs coming to my knowledge in the practice of my calling’ (2016).

As an individual communicate with friends true their social network, there is an increase in person tendency to freely share personal details and information (Spector, 2010). The speed of interaction within social media may erode more cautious behaviors such as rereading before sending or posting (Anderson & Puckrin, 2011). This behavior can result in posting information, comments, or photos that, on second thought, should have been withheld. The nature of a social media network as an informally connected group presents another unique issue (Murphy, 2011).

HIPAA, Legal, and Regulatory

Protecting the health information and health care data of the patient is the fundamental goal in the Health Insurance Portability and Accountability Act also known as HIPPA (HAGAN, K. T. 2016). In this scenario, the nurse that was working in the emergency room violates the HIPPA, first by using her smartphone to take pictures of her patient personal information and secondly by forwarding those photos to a third party, which is not directly involved in the patient care. As stated by the article title “Health Data and Privacy in the Digital Era,” written by the authors Gostin, L., Halabi, S., and Wilson, K., “HIPAA has laid out official guidelines on how a patient’s personal health information can be used, by whom, and under what circumstances “(2018).

In relation to the same article HIPAA, also safeguards the collection, storage, and disclosure of identifiable health data, but only for “covered entities,” defined as health plans, clearinghouses, and health care entities and practitioners that electronically transmit health information. Firms such as Facebook, Google, and Twitter are not “covered entities” (“Health Data and Privacy in the Digital Era”, 2018). According to HIPAA regulations, patient information including but not limited to, photographs, information on a monitor screen, patient notes on a board facing a public space, patient health information left at a copy machine, or even shorthand notes on the whiteboards in patient rooms is consider a breach in confidentiality (“What is a HIPAA Violation Anyway?”, 2014). As a future qualified health care providers, we should continuously study and practice active ways to uphold and protected our patient information through the use of professional ethics and practices, as well as through the use of technologies that are compliance with the newest legal regulations.

Advantages and Disadvantages

As with all commodities, there are advantages as well as disadvantages to world full of people using computer-mediated technologies. One of the examples that is provided for us in the article “Nurses’ Self-Reported Use of Social Media and Mobile Devices in the Work Setting” written by, Piscotty Jr., R., Martindell, E., and Karim, M., states how mobile devices like computers or smartphones can provide instant access to information that could be helpful for interpreting patient lab values or radiology results, and evidence-based practice guidelines. In addition, when administering medications, the smartphones could provide us with information on drug to drug interaction or patient allergy information, as well as proper dosage and timing.

Piscotty Jr., R., Martindell, E., and Karim, M. also suggested that the patient records could be easily viewed at the bedside with the used of smartphones, which will eliminate the need for using the large, difficult to pushed and often malfunctioning computers-on-wheels (2016). In addition, critical values could be sent to all involved in a patient’s care, immediately, without the need for numerous telephone calls or tracking down team members (2016). This could improve patients center care and will reduce the number of medical errors.

The authors also mention in there article how mobile devices like smartphones can also enhance communication speed, thereby enhancing patient safety (2016). Piscotty Jr., R., Martindell, E., and Karim, M also suggested that register nurses can use social media within the healthcare community to connect with other professionals. This idea can also be transferred to facilitating communication within a healthcare setting between nurses. Staffing issues within a unit could be easily negotiated between RNs via social media. Creation of an online meeting place such as a blog, bulletin board, or private group on a social media site could be used to foster unit communications (2016).

On the other hand, some of the concerns about digital technology in the healthcare workplace involve patient confidentiality and privacy. For example, the unfettered ability to publish permits collaboration and professional development but also raises concerns about the handling of personal information and ‘off-the-record’ comments; in addition, information or data entered into a website are susceptible to manipulation and copying (Piscotty Jr., R., Martindell, E., & Karim, M., 2016).

Conclusion

Social media is now overrunning our society, in personal, professional, and in private actions. Social media offers innumerable open doors to the available information online for people of all ages. As with all commodities, there are advantages as well as disadvantages to world full of people using computer-mediated technologies. Nursing is a profession with many responsibilities and rules. Protecting confidential patient information is one of the biggest rules all nurses must follow. According to the American Nursing Association, nurses pledge to ‘do all in my power to hold in confidence all personal matters committed to my keeping, and family affairs coming to my knowledge in the practice of my calling’ (2016).

The unlawful use of smartphones in the healthcare settings can cause problems in regards to posable violation of the Health Insurance Portability and Accountability Act (HIPAA). First of all, taking a picture of your patient without first obtaining their consent is violating HIPAA. Secondly by forwarding those photos to a third party, which is not directly involved in the patient care it’s another violation of the HIPAA. And lastly posting on your Facebook profile a picture of your patient is another violating HIPAA. In order to avoid that healthcare workers must always stop and think of the possible breaches of privacy or ethical issues that come with using smartphones in a healthcare setting.

References

  1. Anthony, D. L., & Stablein, T. (2016). Privacy in practice: professional discourse about information control in health care. Journal of Health Organization & Management, 30(2), 207. Retrieved from https://chamberlainuniversity.idm.oclc.org/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=edb&AN=114319875&site=eds-live&scope=site
  2. Gostin, L. O., Halabi, S. F., & Wilson, K. (2018). Health Data and Privacy in the Digital Era. JAMA, 320(3), 233–234. https://doi.org/10.1001/jama.2018.8374
  3. HAGAN, K. T. (2016). Authorize This!: The Case for Hipaa Preemption of State and Federal Protection of Behavioral Health Information. Willamette Law Review, 52(4), 383. Retrieved from https://chamberlainuniversity.idm.oclc.org/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=edb&AN=122000932&site=eds-live&scope=site
  4. Piscotty Jr., R., Martindell, E., & Karim, M. (2016). Nurses’ Self-Reported Use of Social Media and Mobile Devices in the Work Setting. Online Journal of Nursing Informatics, 20(1), 9–1. Retrieved from https://chamberlainuniversity.idm.oclc.org/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=ccm&AN=113935809&site=eds-live&scope=sit
  5. What is a HIPAA Violation Anyway? (2014, November 19). Retrieved from, http://www.americansentinel.edu/blog/2014/11/19/what-constitutes-a-hipaa- violation-anyway/

Cite this paper

HIPAA and Problem of Using Smartphones in Health Care Settings. (2022, Mar 19). Retrieved from https://samploon.com/hipaa-and-problem-of-using-smartphones-in-health-care-settings/

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