HIPAA And Online Marketing: A Case Study

Increased public demand to access health information and growth of consumerism in health care industry are two important reasons form increasing attention to Personal Health Records (PHRs) in the recent years. Surveys show that a considerable number of people want to have access to their health information. In one survey, 60 percent of respondents wanted physicians to provide online access to medical records and test results, and online appointment scheduling; 1 in 4 said they would pay more for the service.

Modern communications capabilities open up a world of possibilities for all types of medical practices to develop deeper connections with their patients and to manage health care remotely. The HIPAA Privacy Rule gives patients the right to obtain copies of their medical records, treatments and protected health information or PHI. These requirements go further if medical providers want to receive reimbursement from Medicare and Medicaid -- patients must be able to access their records online, download copies and transmit the information to third-party providers. Most medical practices are finding it necessary to develop patient portals where patients and physicians can interact, share information and perform important functions such as practices billing patients and accepting payments online. HIPAA 's rules require that these patient portals have strong security and privacy protections to prevent unauthorized access of these confidential PHI records.

Mhealth has reached the poorest of communities (U.S. Department of Health and Human Services, n.d.). More than 9 million patients email their physician in 2009 (Digital Health Care, 2010), because patients’ busy lifestyles do not allow time for an office visit for non-emergent health conditions. . In recent years, the expansion of mobile health (mhealth) technologies, including health text messaging, mobile phone applications, remote monitoring, and portable sensors, have changed the way health care is being delivered in the U.S. and globally (U.S. Department of Health and Human Services, n.d.). Patients like the convenience of communicating with his or her physician through advanced technology.

In order to minimize the risks for potential privacy breaches, the health information management (HIM) director has to understand all facets of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This should include conducting an audit of their practices. In this scenario, an audit would have been useful to detect the improper access by the employee sooner. HIPAA uses both its privacy and security regulations to “protect consumer’s health information, allow consumers greater access and control to such information, enhance health care, and finally to create a national framework for health care privacy protection” (Amaguin, n.d.). These privacy and security regulations serve as the “only national set of regulations that governs

Before we go any further, let us take a few moment to examine what HIPAA is, what purpose it serves, and most importantly how the breach of HIPAA could severely impact our organization financially and hinder us from competing in the health care market. So what is HIPAA? HIPAA or Health Insurance Portability and Accountability Act is a federal privacy law enacted by the congress in 1996 to protect the individual personal information held by health care organizations and its business associates. The primary purpose of this law is to safeguard the confidentiality and the security of patient personal record whether be it in forms of electronics or non-electronics. Most importantly, HIPAA is created to deter health care entities from illegally disclosing patient information to third party for financial gain other than for the purpose of necessary diagnosis and treatments.

There are laws in place that protect a patient in the health care setting. The Health Insurance Portability and Accountability Act of 1996 or HIPAA, as it is known in the healthcare field, was designed to protect the privacy,confidentiality and security of patient information (Pozgar, 2013).Employees the health care field are very aware of HIPAA and the rights of their patients. All staff knows that patient information can only be discussed with qualified individuals on a need to know basis. Speaking about cases outside of work is strictly prohibited. Photography or recording of any patient interaction is also a breach of a patient's rights as well. The problem with this is that there are many policies in place to protect the

One of the huge issues at the time of conception was the transition to electronic means of storage and transfer. At the time this technology was new, and not widely used as it is today. However with the implementation of HIPAA, it helped create a sense of trust and security that was not present before. By creating procedures to follow when storing and transferring information electronically, it educated many on how patient information was really being handled. The National Conference of State Legislatures reports that HIPAA helped the adoption of electronic prescribing among physicians and other clinicians, overall adoption rates increasing from 5% to 18% (HIPAA: Impact). Essentially it helped usher in a new age of technology and assisted in its assimilation into the health industry, which provides far more convenience and utility than previous methods.

Since consumers are becoming more involved with their healthcare decisions, organizations and providers must adapt to consumer requisites and utilize independent resources to ensure the viability of their businesses. In 2008, a study reported that 81% of internet users and 66% of adults utilized online health information as a source for health related issues (Ha & Yun, 2011). Some examples of online health information resources comprised of search engines, organizational websites, and governmental agencies that participate in health related issues (Ha & Yun, 2011). By accessing health related information, consumers empower themselves with knowledge to assist in healthcare decisions and wellness management (Ha & Yun, 2011). As a result of consumers becoming better educated about healthcare, administrators must explore internet resources in order to maintain quality and services that is expected by consumers, and maintain the reputation of the organization.

In the present culture of the United States, social media has had a major impact in American society. It has a profound influence and intertwined itself in almost every aspect of the average American’s life. It ranges from providing updates of location of a person(s), events, and sharing personal moments. Even different industries are utilizing social media as a platform for communication, information, and sales mediums. One industry, the health care field has seen a rise in the utilization of social media. For instance, an emerging population of physicians are using social media apps such as Snap Chat, Facebook, and YouTube to educate, display surgical, and medical procedures while being performed. In contrast, as there are positive aspects of utilizing social media, a negative trait of social media is invading and exposing individual’s privacy. As of recent, a New York licensed nurse had to surrender her nursing license and sentenced to 3 years of probation for “moral unfitness in the practice (Bowerman, 2016).” She took photos with her phone of two unconscious male patient’s genitalia and shared them with coworkers. This has become an increasing issue and as the utilization of social media in healthcare is increasing, many ethical issues are developing. For instance, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was passed for the adoption of a national standard for electronic health care transactions and code sets, unique health identifiers,

More so, the usage of the Internet and other global media has expanded the ability of patients to have access to an enormous amount of information about diseased previously thought “too technical” requiring government policy that sought to limit the control and influence of physicians.

ONLINE CARE AND ITS POTENTIAL  Communication : The Interaction between the Doctor and Patient can be immensely improved , where the patient can provide their feedback , acknowledgment and condition via email instead of scheduling new appointment  Choice of Doctors: The Patients can choose which doctors want to be seen there by giving them an option to pick doctors of their choice based on their experience and reviews  Second Opinion: The patient can take an immediate second opinion if in case of doubt. There by eliminating ones cynicism about their illness  Social Stigma: The concept of Social stigma is completely removed as customer can have privacy as he can book the appointment meet the doctor from

At the same time, health care organizations find challenges in adopting social media. Hospital and medical practices are risk adverse and generally cautious about new technology trends without clear value. There are questions about whether social media use by hospital employees is a waste of time, or even worse, presents risks of violating HIPAA or leaking proprietary information. Hospital IT departments are concerned about security risks, such as the use of tinyurl.com, which can mask malicious Web sites. Privacy concerns, particularly the vulnerability of social media accounts, are also cited as a reason to avoid social media. (John Sharp 2010).

In today’s health care industry providing quality patient care and avoiding harm are the foundations of ethical practices. However, many health care professionals are not meeting the guidelines or expectations of the American College of Healthcare Executives (ACHE) or obeying the organizations code of ethics policies, especially with the use of electronic medical records (EMR). Many patients fear that their personal health information (PHI) will be disclosed by hackers or unauthorized users. According to Carel (2010) “ethical concerns shroud the

There is an increasing need within the U.S. for quality health care to be provided to individuals who have limited access whether it is due to a rural environment, disabilities, or in the field of battle. Telemedicine is literally medicine provided at a distance. Telehealth is able to alleviate some of the effects of a growing shortage of professionals such as primary care physicians. In this type of health care delivery, the dynamics between the patient and the entire health care system changes. Telemedicine meets the increasing demands of patients to have greater access, or responsiveness, from a health care provider. It also meets the needs of the provider who is very interested in time-saving, safety-enhancing assistance in their daily practice. Employers and health plans are also very interested in telemedicine as a means of improving compliance with treatment plans and care management initiatives (Hodgkins, 2008). The use of email also allows the patient to have increased access to their health care providers. Instead of calling their health care provider’s office, patients are now able to email their non-emergent health care questions to their provider. Conversely, health care providers are able to email patients reminders for appointments or wellness tips.

Communication has been permanently changed by social media. A wide conceptual definition of social media, as cited in Ressler & Glazer (2010), is “The online and mobile accessible services that enable individuals to connect, collaborate, and share with others in real time.” Social media has an obvious influence on informal communication style and represents both possibility and liability for healthcare institutions. As cited in Bernhardt, Alber, & Gold (2014), “Social media provide healthcare professionals with tools to share information, to debate health care policy and practice issues, to promote health behaviors, to engage with the public, and to educate and interact with patients, caregivers, students, and colleagues.” It also presents challenges, including risks to information accuracy, organizational reputation, and individual privacy. Social media can be a very helpful in communicating among nurses and other healthcare providers while creating professional connections, and sharing experiences, but guidelines for appropriate use by healthcare providers are essential. Whether or not certain healthcare organization decides to use social media as a communications tool - social media policy still need to be implemented. Policies help establish an organization 's rules and expectations around social media.