Introduction
Technological advancements integrated into society on all levels during the last decade have generated multiple alterations. One segment that has been affected is nursing. Social media, in particular, has created an environment in which nursing data can be shared, yet the nature of said data correlates with either positive or negative consequences.
It is important to acknowledge the potential limitations regarding the Health Insurance Portability and Accountability Act (HIPAA) generated as a result of barriers to data privacy. The current paper will exemplify the circumstances correlated with the scenario in which a celebrity was compromised due to private data being sold to a magazine. The assessment criteria that will be applied include examining regulatory and legal connotations to the context, the benefits and disadvantages of tech in medicine, and making recommendations.
HIPAA, Legal, and Regulatory Discussion
The Health Insurance Portability and Accountability Act of 1996 was implemented to protect patient information from being disclosed without consent. Although the act was signed over two decades ago, it has become even more relevant over the last few years due to the widespread use of social media. Researchers highlight that technology has, indeed, led to the generation of less effective protective measures. This is facilitated both by the risks of cyber attacks as well as the unethical approach of healthcare providers (Moore & Frye, 2019). Thus, patient privacy is compromised, yet the advancements in the technological segment generate a more risky environment for private information to become public.
The healthcare regulations related to the topic are the HIPAA parts related to privacy specifically, as the act includes a variety of elements. Namely, Parts 160 and 164 have been employed to set limitations on using, sharing, and making private information public (Office for Civil Rights, 2022). However, besides healthcare regulations, it is important to highlight legal guidelines concerning technology use in medicine.
Researchers mention that no definitive law regarding storing, sharing, and utilizing private patient data was implemented on a federal level. Thus, state laws, such as the California Consumer Privacy Act, have been implemented to address the problem (Theodos & Sittig, 2020). The use of technology is also managed on a facility level. Hence, there are no universal measures that are applied by all hospitals and healthcare providers.
Scenario Ending and Recommendations
As highlighted previously, the scenario reflects a situation in which a celebrity has been compromised when a healthcare provider has taken pictures and sold them to a paparazzi. At the same time, the investigative team seeks to examine the presence of private information on the phone that contains several pictures of the person in question. A potential ending to the case study is the data being further exposed to the media, the healthcare providers storing pictures and patient information being penalized or dismissed, and the facility being sued by the celebrity. The outcomes are based on the current circumstances as well as precedents in which HIPAA violations have led to legal proceedings and repercussions for medical personnel.
The proposed ending to the scenario involves several negative actions taken by healthcare providers. Taking photos of patients without their consent is against any ethical considerations the hospital may employ. However, the additional action that has ultimately led to further problems is the fact that the content was sold to a magazine. Thus, the medical personnel has used the knowledge and the contact with the patient to jeopardize them for financial gain. In regards to the healthcare providers potentially investigating the case or informing the investigative team of medical personnel who participated in the action, their actions can be highlighted in accordance with HIPAA.
Several recommendations can be made concerning the mitigation of the circumstances presented earlier. For example, the hospital could implement an educational program on privacy regulations to reduce future risks and show the remaining nurses that privacy is essential. By selling the information to the paparazzi, the healthcare provider could have compromised both the person in question and their family (McGraw & Mandl, 2021). Needless to say, the most important step in addressing the barriers is confronting the health providers directly involved in the case.
Depending on the actions that were taken concerning the patient, different measures can be applied. For example, in 2011, more than 30 employees were terminated for gaining access to the personal data of patients who overdosed at a party (Moore & Frye, 2019). In the case of celebrity photos, an investigative team is to be established to determine the person who took and sold the photos.
The people proven to be involved are to be terminated as they have directly violated HIPAA and put the patient and the facility in danger. Other healthcare providers who may have taken pictures without selling them or possibly posted information on social media regarding the celebrity are also to face repercussions. However, as the actions are less damaging, the repercussions are also less strict and aimed at training and changing the nurses’ views on patient privacy.
HIPAA violations can, indeed, be prevented or addressed appropriately. However, the solution is to be transparent about the presence of the problem rather than avoid it. Researchers highlight that one measure that can be applied is publicity and direct punishment.
Thus, the medical provider loses their job, colleagues understand the potential repercussions, and other healthcare providers have a similar outcome in case the situation becomes public. An example is the case in which a nurse was fired for disclosing that a child that is being treated had tested positive for measles on Facebook (Moore & Frye, 2019). The recommendation is not only evidence-based but also widely applied to minimize existing risks associated with private data becoming public.
Advantages and Disadvantages of Technology in Nursing
Just as in other areas of life, technology correlates with both advantages and disadvantages in nursing. While negative aspects persist, it is essential to highlight the importance of applying technology in certain situations. For example, researchers reflect on the COVID-19 experience and the use of social media and similar communication and information-sharing platforms. Nurses applied technology to learn about the condition and its effects as well as share experiences with each other (Glasdam et al., 2022).
Moreover, as working conditions have become less satisfactory due to the increasing demand for medical services, the nursing community has been able to support each other online. Furthermore, nurses can inform a wider audience of certain lifestyle factors that may help people minimize health risks. Last but not least, the demographic can attract attention to subjects that generate job dissatisfaction, such as long hours, burnout, violence at work, and similar circumstances. This, in turn, can potentially lead to regulatory and legal changes.
At the same time, it is vital to highlight the negative aspects of technology in nursing. As mentioned previously, technology can be damaging to privacy. Thus, the barriers between ethics and dismissive behavior toward personal data can be blurred. Moreover, patient care can suffer as a result of such distractions (Geraghty et al., 2021).
Nurses may not be fully involved in the working process, which can correlate with risks to their well-being. Similarly, nurses may unintentionally or intentionally jeopardize colleagues, the institution in which they operate, or themselves. This may occur in case the content is filmed from within the hospital. As a result, the entity could suffer reputational damage. Thus, the professional and personal principles impacting the use of technology are to be based on existing legislation and ethical considerations. Federal, state, and hospital regulations are to be followed alongside the comprehension that certain actions have negative consequences.
Conclusion
Technology in nursing correlates with both advantages and disadvantages. As highlighted in the scenario, one of the disadvantages is the potential for privacy risks. Such instances can only be addressed through training, publicity, and repercussions of people involved in the actions.
Other disadvantages include potential risks for patients if social media becomes a distraction, as well as reputation problems for the institution in which the healthcare provider operates. On the other hand, nurses are able to form a community, share information, seek regulatory changes, and receive information online. Thus, technology use in medicine is to be regulated rather than dismissed.
References
Geraghty, S., Hari, R., & Oliver, K. (2021). Using social media in contemporary nursing: Risks and Benefits. British Journal of Nursing, 30(18), 1078–1082. Web.
Glasdam, S., Sandberg, H., Stjernswärd, S., Jacobsen, F. F., Grønning, A. H., & Hybholt, L. (2022). Nurses’ use of social media during the COVID-19 pandemic—A scoping review. PLOS ONE, 17(2). Web.
McGraw, D., & Mandl, K. D. (2021). Privacy protections to encourage the use of health-relevant digital data in a learning health system. Npj Digital Medicine, 4(1). Web.
Moore, W., & Frye, S. (2019). Review of HIPAA, part 2: Limitations, rights, violations, and role for the imaging technologist. Journal of Nuclear Medicine Technology, 48(1), 17–23. Web.
Office for Civil Rights. (2022). Privacy. Web.
Theodos, K., & Sittig, S. (2020). Health Information Privacy Laws in the Digital Age: HIPAA Doesn’t Apply. Perspectives in Health Information Management, 18.