Social Media and HIPAA Paper Example

Introduction

In today's world, health care personnel have ready access to a wide variety of social media tools (Courtney, 2013). Such may include social networking and media sharing forums such as Facebook, Instagram, and Twitter. Some of the benefits of using social tools may include an enhancement in education and professional networking and an improvement in patient education and care. As much as the tools are beneficial, they come with their challenges to the healthcare providers and patients in the form of breaches to patient privacy and damage to the professional image. This paper addresses issues concerning HIPPA regulations, summarizes the advantages and disadvantages of smartphones and social media in healthcare, provides an end scenario to the hospital scene and eventually provides a conclusion to work.

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HIPAA Regulations

Healthcare providers are known to keep very sensitive health information about their clients (Annas, 2003). And so in 1996, strict measures were established by the Health Insurance Portability and Accountability Act with the aim of reducing the risk of violation of patient's privacy by the healthcare provider. They put in place regulations and standards which were to govern how personal health information of patients was to be handled when they were in the medical institutions. However, the regulations came with their own circumstantial exceptions. Example of a situation where a healthcare provider is allowed to share health-related information may include sharing information with the person who is being treated and on payments procedures.

The focus is however on the patient giving consent before any information about them is shared. Disclosure of personal health information can also happen in the case of public interest or if one is required by law to do so like in the case of victims of abuse. Other than that, if one shares a patient's health information against their wish and not in line with the rules and regulations of HIPAA, civil and criminal legal actions can be taken against the individual or even the healthcare firm to which they belong.

Advantages of smartphones and social media in healthcare

In the healthcare industry, the use of smartphones can be of great benefit to both the healthcare provider and the patient. Today, smartphones provide access to a wide variety of very important medical applications which can be downloaded at the touch of a screen. Medical reference materials found on the internet can, therefore, be easily accessed by the medical personnel in case they need clarity on a subject while performing their duties. The patients, on the other hand, are not left behind. The internet provides them with very important information that relates to their health, fitness, and wellness in general. They are as a result able to take a keen look into their exercise and nutritional intake habits.

Local support groups may not always be there for patients with rare chronic conditions and so social media acts as an important platform for them. Through its use, patients can meet up with individuals going through similar conditions and support each other in difficult moments. They are also able to get information on medications and treatment that has worked for other people and so may seek similar treatment options.

Disadvantages of smartphones and social media in healthcare

The use of smartphones and social media in the healthcare industry also comes with its own challenges. As much as the readily available medical applications are a result of thorough research and are based on reliable sources, some of them may contain erroneous information. They normally get to the consumers without passing through rigorous medical testing, and if the patients are to rely on such information to carry out self-treatment, then the results could potentially turn catastrophic. The second challenge presented by usage of smartphones at the workplace is a distraction to the personnel. When their workflow is disrupted, then medical errors and negligence are bound to happen and may expose the patients to contamination and infection risks. The third challenge comes in the form of the use of cameras and social media. Taking photos of patients and sharing them on social media without their consent goes against the code of conduct as outlined in HIPPA and is a serious violation of one's privacy.

Ending scenario

Based on the happenings in the medical facility the previous night, the fourth conclusion appears to be legally and ethically the most appropriate cause of action. An investigation is being carried out within the facility on a possible breach of privacy on the part of the celebrity who had been admitted to the hospital the previous night. Some photos of the celebrity had been sold to a Gossip Gazette, and therefore legal action is being taken against the hospital, and anybody found responsible. The nurse is the one who took photos with her phone and shared it with a friend. And so she is the primary source of all the trouble facing the hospital. She should be investigated thoroughly and if found guilty suspended from work with immediate effect.

The nurse broke HIPPA rules and regulations by taking and sharing personal health information of the patient without his consent. Legally, she faces dare consequences with regards to her actions. Disclosure of personal health information without the consent of the patient could result in a fine ranging from $ 100 to $ 50,000. In the case of a similar offense within the same year, a fine of up to $ 1.5 million could be imposed on the offender. The nurse knowingly took photos of a patient and so should face the full wrath of the law.

The actions taken by the nurse was a total breach of the generalized code of conduct and ethics of nurses (Fowler, 2008). The first violation was a breach to the privacy of a patient where she took pictures of a patient who was not even aware of what was happening at that moment. Secondly, she violated the code that requires the confidentially of personal health information of a patient. She succeeded in this by sharing the pictures which she had taken with her friend. The nurse's code of ethics is normally set forward by the American Nurses Association.

What the nurse did was morally, ethically and legally wrong. She should be properly investigated and penalized. Suspension from work is the most probable cause of action that should be taken first. She should serve as a good example to any medical personnel who might attempt the same line of action in the future.

Conclusion

Based on the discussions of the paper, social media and smartphones have both negative and positive effects on the healthcare industry (Hawn, 2009). Having the work environment in mind, effective monitoring of medical personnel is essential especially with the increasing use of smartphones and social media to share information. Any violation of a patient's privacy should be taken seriously and handled in good time before things get out of hand.

References

Annas, G. J. (2003). HIPAA regulations-a new era of medical-record privacy? New England Journal of Medicine, 348(15), 1486-1490. Retrieved from https://pdfs.semanticscholar.org/1b09/68a9e392383a770c8b40255f970600108f66.pdf

Courtney, K. (2013). The use of social media in healthcare: organizational, clinical, and patient perspectives. Enabling health and healthcare through ICT: available, tailored and closer, 183, 244. Retrieved from https://books.google.co.ke/books?hl=en&lr=&id=uuZNnyYWK2EC&oi=fnd&pg=PA244&dq=The+use+of+social+media+in+healthcare:+organizational,+clinical,+and+patient++++perspectives&ots=55HAmHXS7E&sig=GR0EzVdm4q5AY8xgjTwmUlGD-E4&redir_esc=y#v=onepage&q=The%20use%20of%20social%20media%20in%20healthcare%3A%20organizational%2C%20clinical%2C%20and%20patient%20%20%20%20perspectives&f=false

Fowler, M. D. M. (2008). Guide to the code of ethics for nurses: Interpretation and application. Nursesbooks. Retrieved from https://books.google.co.ke/books?hl=en&lr=&id=OtVGzQRzQWoC&oi=fnd&pg=PT3&dq=Guide+to+the+code+of+ethics+for+nurses:+Interpretation+and+application&ots=OGGQE8FDFP&sig=5uMwIhx-cXbyTCSg-RYfRdvg1wk&redir_esc=y#v=onepage&q=Guide%20to%20the%20code%20of%20ethics%20for%20nurses%3A%20Interpretation%20and%20application&f=false

Hawn, C. (2009). Take two aspirin and tweet me in the morning: how Twitter, Facebook, and other social media are reshaping health care. Health affairs, 28(2), 361-368. Retrieved from https://www.healthaffairs.org/doi/full/10.1377/hlthaff.28.2.361