In the case of the UCCO Emergency Clinic, the organization’s staff and management did not comply with both ethical and legal norms. Namely, the clinic violated the HIPAA by failing to keep information of the patient private and using corporate equipment to access social media. Additionally, the issue faced by one staff member was complex since they encountered a conflict between a minor and her parents, who had different views on the treatment procedures.
The nursing manager in the current case was legally compliant by the existing legislation such as HIPAA to protect the patient’s information. According to HIPAA’s Security Rule, covered entities must ensure the security and integrity of electronic medical records of patients (Uribe & Pravikoff, 2018). Therefore, the UCCO and the nursing manager, as covered entities under HIPAA, are tasked with guarding the security of their clients’ medical records. Additionally, access to the clinic-owned equipment containing medical records must be limited, which was also not observed in the current case. Thus, the private information of the patient eventually became publicly known when one staff member published it on social media. The nursing manager can be fined for their actions, and if they are found to knowingly violate HIPAA, they can face criminal prosecution (Huddleston & Hedges, 2021). Additionally, the actions of the staff and the nursing management violated the Nursing Code of the American Nurses Association (ANA), which states that professionals must protect clients’ privacy and confidentiality (Gurney et al., 2021). Thus, the nursing manager did not comply with both federal legislation in the form of HIPAA and professional guidelines such as the ANA’s Code of Ethics.
Since the patient in the case is only 13 years old, they are considered a minor whose treatment must be decided by their parents. Currently, the United States does not have federal laws governing situations when parents refuse to give consent to treatment due to their religious beliefs. Despite the fact that children under 18 years old cannot make informed medical decisions, one precedent states that the parents’ religion-motivated treatment refusal can be neglected in situations involving imminent danger for children (Redmann et al., 2018). Moreover, there are ethical and medical laws governing the actions of professionals, and in this case, these are beneficence and autonomy. On the one hand, by conducting transfusion, the specialist can violate the principles of the patient’s autonomy since their action will be against the decision made by parents. On the other hand, since all healthcare workers must act for the benefit of their patient, who, in this case, is a child, the most ethical decision would be to conduct the medical procedure.
Communication among UCCO facilities is essential for the effective and efficient provision of health care and delivering excellent service to clients. Nevertheless, UCCO must also observe various compliance and ethical standards in order to maintain the integrity of the information exchanged through communication. According to the privacy rule of HIPAA, all types of medical information transmitted in different ways, be it on paper or orally, are considered “protected health information” (Huddleston & Hedges, 2021, p. 1587). Such standards mean that UCCO facilities have to ensure that during communication, they do not disclose the private information of their patients. Moreover, according to the ANA’s Code of Ethics, health care workers, including those working at UCCO, must engage in proper collaboration, of which communication and trust are vital components (Gurney et al., 2021). Thus, communication among facilities is key to the effective functioning of UCCO, yet it should protect the private information of patients and rely on mutual respect.
As mentioned earlier, healthcare workers must not disclose the private information of patients, including on social media. As mentioned in the ANA’s Code of Ethics, nurses must always maintain vigilance online and avoid posting content which can violate the principles of privacy and confidentiality (Westrick, 2016). Any attempt by a nurse or other healthcare workers to share information about their patients’ health status publicly is unethical and unprofessional. According to the National Council of State Boards of Nursing (NCSBN), those who have been found to engage in disclosure of private data can be reprimanded, fined, or dismissed from their position (Westrick, 2016). Thus, nurses and other healthcare providers must be careful when choosing what to post on their social media.
The actions of the staff to the patient’s case in question can be considered both unethical and illegal. First of all, when the nurse shared private information with other employees, she did not violate any law. Yet, if she did it simply for fun and not for the benefit of the patient, then she certainly engaged in unethical behavior. The actions by the nurse who used the clinic’s computer to post the case on social media can be considered illegal since she violated HIPAA and the patient’s privacy. The staff’s actions do not align with UCCO’s mission, values, and strategic action plans because they contradict them. UCCO, as any health provider, strives to deliver excellent service while observing all ethical and legal standards. Personally, I am committed to the principles of privacy and confidentiality and the behavior demonstrated by the staff in the case is absolutely inappropriate and against my ethical beliefs.
The current case presents a complex situation where a nurse had to make a decision on the treatment of a minor who, due to her age, could not give informed consent. Additionally, the staff members engaged in unethical and illegal behavior in relation to the case at hand. Despite the complexity of the situation, the health care providers involved in it should not have violated legal and professional standards.
References
Gurney, D., McMahon, M., & Kolbuk, M. (2017). Nursing code of ethics: Provisions and interpretative statements for emergency nurses. Journal of Emergency Nursing, 43(6), 497–503. Web.
Huddleston, A., & Hedges, R. (2021) Liability for health care providers under HIPAA and state privacy laws. Seton Hall Law Review, 51(5), 1586–1602.
Redmann, A. J., Schopper, M., Ragsdale, J., Rutter, M. J., Hart, C. K., & Myer, C. M. (2018). Posttonsillectomy hemorrhage in a pediatric Jehovah’s Witness and the decision to transfuse. Otolaryngology–Head and Neck Surgery, 159(2), 238–241. Web.
Uribe L., & Pravikoff, S. (2018). Health insurance portability and accountability act (HIPAA): Data communication and security. CINAHL Nursing Guide.
Westrick, S. J. (2016). Nursing students’ use of electronic and social media: Law, ethics, and e-professionalism. Nursing Education Perspectives, 37(1), 16–22. Web.