Introduction
HIPAA, Legal, & Regulatory Discussion
HIPAA is The Health Insurance Portability and Accountability Act of 1996 signed into law by President Clinton (Terry, 2015). There are two most applicable rules to mobile usages in healthcare setting which are the security rule and privacy rule while HIPAA rule makes people able to maintain their health insurance coverage between jobs (Chen & Benusa, 2017). According to the Department of Health and Human Services, the HIPAA Security Rule deals with protecting an individual’s electronic protected health information and Privacy Rule protects patient’s medical records and other health information and it applies to health plans, healthcare clearinghouses, and any healthcare providers (www.hhs.gov).
In the healthcare industry, regulating security and privacy of patient health information is most challenging subject because it seems easier to violate the rule since the increase in mobile device usages in patient care. During the work hour shifts, the nurses or healthcare providers are allowed to use Smartphone. Some say that they carry them for work, but most of the time is for personal use (College of Nurses of Ontario, 2012). They want to have the phone with them for family emergency situations even though the places they work have phones. Some people share their daily events by posting pictures or write a comment on social media such as Facebook or Twitter. Healthcare workers also use social media and it is easily accessible by Smartphone at their fingertips. According to the American Medical Association, the penalty for violating HIPAA compliance are based on the level of negligence and can be fined $100 per case and face a fine of up to $50,000 per case with up to 1 year of imprisonment. A maximum penalty is $1.5 million per year with violations of an identical provision. For example, according to Chen and Benusa, in 2015, The University of Washington Medicine had to pay the penalty of $750k for potential violations of HIPAA Security Rules (2017).
Scenario Ending & Recommendations
The investigation of a HIPAA violation and legal action against the hospital due to some photos of a celebrity who had been hospitalized due to an accident and picture had been sold to the magazine is probable ending of the scenario. Even though the nurse who took the picture of the celebrity did not sell the picture to the Gossip Gazette, and the problem had started when she started to take pictures of the patient and send it to her friend to share her excitement.
According to American Nurses Association (2015), nurses rank as the most honest and ethical profession in America for the past 14 straight years. It is important to use this trust to lead and make a better change in the healthcare system. In the nursing profession, nurses follow Code of Ethics to ensure the safety of patients and the health and wellness of nurses and other healthcare providers (American Nurses Association, 2015).
Taking pictures of the patient due to personal interest is not ethically right because it occurs while caring patient and it may damage not only patient’s reputation but also his fame and health. In order to be an honest and ethical nurse, she had to focus on her position and duty which continues to monitor patient’s vitals and follows hospital’s HIPAA regulations and protocols.
Advantages and Disadvantages
The main reason why technology such as Smartphone has been used in a healthcare setting is that it has helped to improve many patients’ health. Avancha states that (2012) mobile technol
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