The healthcare sector is undergoing rapid transformation due to advancements in technology, changing healthcare practices, and regulations governing the profession. The regulation of health information is determined by several federal and state regulations, which rely on the source of the information and the body responsible for its safekeeping. Some of the standards and regulations established to regulate access to medical records and information include the Health Insurance Portability and Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA), and Health Information Technology for Economic and Clinical Health Act (HITECH). The paper analyzes HIPAA to assess a case study of two student scenarios (Nina and Emily) related to privacy and social media.
HIPAA is a federal regulation that safeguards confidential patient health information against unauthorized disclosure without the patient’s agreement or awareness. The standard aims to protect patients’ medical data by ensuring its optimum privacy (CDC, 2023). Through the act, health information can be freely exchanged, which is essential for ensuring the public’s health and safety and for delivering top-notch medical treatment (Edemekong et al., 2018). The rule applies to healthcare providers, health plans, and health clearinghouses (CDC, 2023). Security Rule puts the Privacy Rule’s provisions into action by outlining the specific measures that “covered entities” are required to take, both technically and non-technically, to protect electronic protected health information (e-PHI) (Alexander et al., 2017). To comply with the Security Rule, organizations must have adequate measures in place to protect e-PHI, including administrative, technical, and physical measures.
HIPAA applies to the case through the stated principles and standards of practice in the nursing profession. According to the nursing handbook, students are required to sign a privacy and confidentiality policy statement before commencing any clinical practice to ensure that they are familiar with and will follow all applicable regulations, including HIPAA. Based on the case, Nina violates the nursing profession’s privacy guidelines and exposes a patient’s confidential information to the public. However, Nina did not intentionally break any HIPAA rules since, as a student, she is not a ‘covered entity’. She only acts in opposition to the ideals that HIPAA aims to preserve, by exposing a client’s information to the public. Although her privacy breach does not directly violate HIPAA, it does pose significant ethical problems and damages the trust of her patients.
HIPAA applies to the scenario because of the likely breaches of confidentiality and privacy by Emily. The privacy rule safeguards the patient’s physical conditions, address, and other identifiable information against exposure by the covered entities (Alexander et al., 2017). As it is evident from the case, Emily publicly exposes Tommy’s physical condition and room number, which is a violation of HIPAA. Although Emily sought consent, Tommy is a minor and has no legal capacity to act on his own without a guardian. The snapshot also violates the patient’s right to privacy because it shows their hospital room. According to the handbook, disqualification from the nursing program could occur from infractions of the HIPAA professional norms and practices (Regis College, 2018). Termination of her nursing program and the hospital’s contract is valid as stipulated in the nursing handbook.
Probably there have been substantial changes in the code of conduct about HIPAA and social media usage since the Nina Yoder case in 2009. Since 2009, student handbooks have been updated to incorporate specific mentions of HIPAA requirements and the use of social media. Previous handbooks gave priority to compliance with confidentiality and privacy. However, current student handbooks like that of Regis College incorporate explicit guidelines surrounding online interactions, social media use, moral character, and confidentiality (Regis College, 2018). This reveals the transformation happening in nursing programs regarding student requirements and their practice. In the future, handbooks may require additional integration of updated HIPAA requirements, the inclusion of upcoming social media platforms, and the inclusion of continuous training on digital etiquette to guarantee adherence to changing rules and regulations.
Balancing between professionalism and personal expression on social media platforms for nurses and nursing students is proving challenging. Nurses’ decision on acceptable practice and behavior during social media engagements emanates from the established guidelines stipulated by various compliance resources. Nurses can effectively utilize electronic media to exchange workplace experiences, especially those that are difficult or emotionally charged (NCSBN, 2018). However, it is crucial to refrain from mentioning patients by their names or disclosing any information that could potentially reveal their identity, to safeguard patients’ right to privacy (Alexander et al., 2017). It is crucial to be aware of confidentiality and privacy within the healthcare domain to comprehend the boundaries of acceptable social media usage. Nurses are prohibited from capturing photographs or recording videos of patients using personal devices, like as cell phones (NCSBN, 2018). Available resources to help nurses stay within the confines of regulatory compliance include the Nurse’s Guide to the Use of Social Media, professional associations such as the American Nurses Association, nursing handbooks, and HIPAA guidelines.
With the social media usage guidelines, Nina and Emily would comply with confidentiality by choosing not to disclose personal narratives that could reveal patients’ identities. They could have maintained professional boundaries by being selective to not including photos of patients taken during their practice. Had they been aware of the media usage policies, they could have consulted the program faculty on the contents of their posts and possible ethical concerns that their posts could have. Moreover, Nina and Emily could not have posted their experiences with the patients during their practice and instead found better ways to articulate their experiences without involving the patients.
Conclusively, the nursing profession is ever-evolving and several guidelines are being implemented to safeguard patients’ information and uphold ethical standards. The healthcare industry aims to improve the health of individuals by providing medical services that save lives and create a healthy society while enhancing professionalism. The reason for this is the enhancement in the healthcare diagnostic process and the adoption of advanced technologies by healthcare practitioners. Patients, doctors, and healthcare organizations must prioritize protecting the privacy of their patients’ medical records by observing the HIPAA policies and standards.
Alexander S., Frith, K. H., & Hoy, H. M. (Eds.). (2017). Applied clinical informatics for nurses. Jones & Bartlett Learning.
Centers for Disease Control and Prevention. (2023). Health information & privacy: FERPA and HIPAA. https://www.cdc.gov/phlp/publications/topic/healthinformationprivacy.html
Edemekong, P. F., Annamaraju, P., & Haydel, M. J. (2018). Health insurance portability and accountability act. https://www.ncbi.nlm.nih.gov/books/NBK500019/
National Council of State Boards of Nursing. (2018). A Nurse’s Guide to the Use of Social Media. National Council of State Boards of Nursing | NCSBN. https://www.ncsbn.org/public-files/NCSBN_SocialMedia.pdf
Regis College. (2018). REGIS COLLEGE SCHOOL OF NURSING HANDBOOK. Pp. 1-46. https://dl.icdst.org/pdfs/files3/db71258740d827d9697ce138b169e43a.pdf