Benefits but Also a Minefield of Compliance and Other Legal Issues, Essay Example

We Can, But Dare We? HIPAA Violations and Nursing Practice Management

Introduction

With the scenario in mind, it is important to identify the specific factors that have contributed to the case and how it might conclude, based upon practical knowledge and experience within the field. It is inevitable that this situation will not turn out well, given the turn of events that have occurred thus far, and that the nurse has carelessly taken a number of actions that are in direct violation of protocol and reflect her poor decision-making capabilities in this case. Social media introduces many potential complications to healthcare practice that must be considered on a regular basis (Moses et.al, 2014). A number of scenarios could occur in this case, but the conclusion chosen is to conduct an investigation regarding a HIPAA violation that has occurred and for which legal action will occur. This is an important option to discuss because it frames the unethical behaviors and actions taken by the nurse with the patient in question and also demonstrates that there are significant challenges related to patient confidentiality and privacy. Patient privacy must be of the utmost importance and provide a basis for examining methods to protect data from unnecessary risk and compromise by unauthorized parties (Hsieh, 2014).

Body

HIPAA violations are very serious in healthcare organizations and may lead to any number of consequences, including but not limited to lawsuits and other issues that could lead to job losses and fines. Nurses are responsible for maintaining confidentiality at all times with all patient information with which they come in contact; therefore, it is important for nurses to take this requirement seriously and to not breach protocol under any circumstances. It is not surprising that in the modern era, “social media must be viewed through a legal lens, recognizing the accompanying burdens of compliance, ethical, and litigation issues. Theories of liability and risk continue to evolve as does the technology. Social media usage within the medical community is fraught with potential legal issues, requiring remedial responses to meet patients’ needs and comply with current laws” (Moses et.al, 2014, p. 1128). Under these conditions, it is necessary to identify the specific elements of confidentiality that nurses and other healthcare professionals must undertake in order to protect patient information from unnecessary risk or harm, and this requires nurses to keep any and all information regarding patients as confidential as possible at all times (Moses et.al, 2014). In spite of this commitment, however, some nurses may not take these responsibilities seriously enough and commit infarctions that could lead to serious consequences. In this case, the fact that the nurse took the pictures at all was unacceptable to begin with, but sharing this evidence with a friend and then losing the evidence altogether is difficult if not impossible to overcome. The consequences for these actions are significant and may lead to job loss for those involved.

In spite of the opportunities that are available to protect patient information from access by unauthorized persons, these events continue to occur in many healthcare organizations. These issues reflect the importance of seeking to protect patients from unnecessary risk or harm and to be cognizant of the requirements that are in place regarding the protection of patient information in different ways that will have a positive impact on patients and will not risk their personal information in any way. There are critical aspects to consider that impact patient outcomes and to protect patient information from any unnecessary risk or harm in any way. This practice requires nurses to be proactive in meeting the needs of their patients through the activities that they conduct and the decisions that are made. These factors significantly contribute to the overall focus of the organization and its ability to protect patients from unnecessary risk or harm if their identities and other negative complications that have a significant impact on patients in the practice setting.

All nurses within the practice environment must be prepared to manage the outcomes of their own decision-making and the potential consequences that are likely to occur when nurses do not adhere to the rules and are limited by their own behavior, noted as follows HIPAA is far from perfect. Wilder observes the primary weaknesses of HIPAA as “requiring a privacy notice that reads like a mortgage document, an imbalance in permitting the use of health data for research, and the accounting for disclosure requirements, which are too burdensome to operationalize” (Solove, 2013). Under these conditions, HIPAA represents a highly confusing and perhaps frustrating requirement for many people due to some of the options available to preserve a patient’s record and overall health status. These risks are difficult to overcome and may have lasting consequences.  These factors require an organization to be proactive in supporting patient care quality and in preserving confidentiality at all times and without compromising data and other information that is directly related to a patient’s record. This information must be protected in an electronic format by recognizing the value of this information and its impact on the care and treatment of all patients in an effective manner (Solove, 2013).

In a technology-dependent environment, it is important to develop a strategy that will encompass the regulatory requirements of HIPAA as best as possible (Hsieh, 2014). In the case example, there was a breach of patient confidentiality, similar to the following: “negligent breach occurs when the careless action of a healthcare institution or employee compromises patient privacy. A negligent breach can also reflect a healthcare institution’s inadequate security procedures” (Hsieh, 2014, p. 211). These issues reflect the importance of developing strategies that will support patient confidentiality rather than the risk of a breach (Hsieh, 2014). This process is critical to the development of systems that will be effective in meeting patient care needs without compromising data in the process (Hsieh, 2014). The case example was a clear violation of patient privacy and could be classified as a negligent breach, for which legal action will be pursued (Hsieh, 2014).

Advantages

Advantages to smartphone and social media use in healthcare include 1) rapid access to information in a mobile environment; 2) the transmission of news and information to readers without delays; and 3) the ability to learn about trends and current issues in healthcare practice through communication with experts in a timely manner (Moses et.al, 2014). These benefits support a strong demand for social media in communicating information to consumers quickly and effectively.

Disadvantages

Disadvantages to smartphone and social media use in healthcare include 1) high risk of identity theft when information is not sufficiently protected; 2) a lack of oversight regarding the accuracy of information that is shared via social media; and 3) legal complications when data is stolen and used for unauthorized purposes (Moses et.al, 2014). These issues complicate the ability to share information via these channels and achieve trust in the transmission process.

Conclusion

The continued expansion of technology is an essential contributor to modern healthcare practice; however, it poses a number of risks regarding patient information that are difficult to overcome. Therefore, it is important to recognize the potential risks that are observed in cases where ethical violations have occurred, such as the case example. The nurse who is the center of this focus made an unacceptable error due to lack of judgment; therefore, she will likely pay the consequences through a lawsuit to question the breach of ethics and the information sharing that occurred. These issues must be considered by healthcare organizations on a widespread basis in order to prevent similar circumstances. A breach of HIPAA is a serious violation that must be addressed in a significant context and explored through the actions that healthcare organizations take in order to protect their patients from unnecessary risk or harm.

Recommendations

In this case, the nurse must be properly disciplined for her actions, which may include at minimum, a suspension without pay or a loss of her position at the hospital. In addition, all nurses must be educated regarding breaches of patient confidentiality and why this behavior is forbidden and is unacceptable under all circumstances. Finally, it is important for the nursing staff to understand the risks associated with social media and to exercise extreme caution when handling confidential patient information at all times.

References

Hsieh, R. (2014). Improving HIPAA Enforcement and Protecting Patient Privacy in a Digital Healthcare Environment. Loy. U. Chi. LJ, 46, 175-293.

Moses, R. E., McNeese, L. G., Feld, L. D., & Feld, A. D. (2014). Social Media in the Health-Care Setting: Benefits but Also a Minefield of Compliance and Other Legal Issues. The American journal of gastroenterology, 109(8), 1128-1132.

Solove, D. J. (2013). HIPAA mighty and flawed. Journal of AHIMA/American Health Information Management Association, 84(4), 30-31.