HIPAA Violation In Social Media

Under the HIPAA compliance audit program if a healthcare organization has attested and is later audited and found not to be compliant with HIPAA, the organization could face penalties including giving back the meaningful use incentive money. (Goedert, 2013) provided the following ways to ensure compliance: conduct mock audits, make sure all data within the organization is encrypted, computer access is logged, network security gaps have been filled, policies and regulations have been updated and expanded, and most importantly that all staff complete annual HIPAA training courses with emphasis on privacy and security.

165). The HIPAA regulations are set as a protection of Personal Health Information (PHI) and all of its areas of concern, i.e. – name, condition, symptoms, etc… Legally, the nurse is not subjected to any clearly defined healthcare related laws, at the federal level, liable under the Privacy Acts of 1974 which protects any personal identification records or information relating to the patient’s privacy. The nurse takes photographs of the patient’s demographic information from his electronic health record which violates the regulations set forth by the Privacy Acts of 1974 (Privacy Act of 1974, n.d.). In many aspects of this scenario, a major concern lies on the nurse’s ethical, unethical, practice. The American Nurses Association (ANA) delineates in Provision Three of the Code of Ethics for Nurses “The nurse promotes, advocates for, and protects the rights, health, and safety of the patient.” (ANA, 2015). The nurse is in many violations enough to end their career in this situation. The privacy of the patient is a right not a privilege. With the increase usage of social media, this invasion of privacy on the patient could potentially be leaked and could lead to jeopardizing the patient’s safety while in the hospital.

HIPAA (Health Insurance and Portability Act of 1996), outlines rules, regulations and the rights of patients to access their healthcare information such as notifications of privacy practices, copying and viewing medical records, and amendments. This paper explains why confidentiality is important today and discusses recourses patients can use if they believe their privacy has been violated. This paper will also discuss criminal and civil penalties’ that can occur for breaking HIPAA privacy rules.

Even though hipaa violations are an important standard in preventing many individuals from causing several breaches of information from getting out, it is important to work on a strategies within several health care organizations that will work with the privacy rules regarding violation laws. “Jill Granger & Laura Cataldo (2013) reports When working in the healthcare setting, it is important to consult with the guidelines established by one's institution and to participate in any training programs to insure that the appropriate steps are being taken to maintain privacy. There are also a variety of additional resources available from the federal government and professional organizations to assist in the training process that may be especially

HIPAA, (Health Insurance and Portability Act of 1996) outlines rules and regulations and the rights of patients to access their healthcare information such as notifications of privacy practices, copying and viewing medical records, and amendments. This paper explains why confidentiality is important today and discusses recourses patients can use if they believe their privacy has been violated. This paper will also discuss criminal and civil penalties’ that can occur for breaking HIPAA privacy rules.

The Health Insurance Portability and Accountability Act also known as HIPAA was first signed into law on the federal level in 1996. Since it was signed into law it has had a huge effect on patient’s privacy, healthcare workers and even insurance company’s. “HIPAA is intended to improve efficiency throughout health care and requires that health care providers adhere to standardized national privacy and confidentiality protections.” (OMA p .236). It’s an invaluable tool that has created a standard of compliance across the healthcare field.

Other forms are taking video or audio, also speaking about the patient to other people who are directly involved in that patient medical care. One most common form of HIPAA violation today are posting in social media pictures and recording a patient endure information regarding health care.

“Facebook remains the most popular platform for those using just one social media site—fully 79% of those who use just one site report using Facebook. Most Facebook users are actively engaging with their networks on the site. As opposed to simply reading or viewing content, 65% of Facebook users frequently or sometimes share, post or comment on Facebook” (Duggan, Ellison, Lampe, et al, 2015). As discussed previously, privacy and confidentiality is a right that everyone has no matter what. Therefore, healthcare professional’s privacy and communication cannot be entered and examined however; rules and guidelines have been put into place to manage confidentiality in the healthcare setting. In 2003, these guidelines were manifested and are known as the Privacy Rules, which are controlled by HIPAA. These rules were established to safeguard personal identifiable health data, which include an individual’s date of birth, social security number, address, photographs that may identify the patient, and past and current medical history (U.S Department of Health and Human Services, 2006). HIPAA defines “individually identifiable health information” as information that is a subdivision of health data, including demographic information gathered from an individual and is generated or received by a health care provider, health plan, employer, or health care clearinghouse and connects to the previous, current or future physical or

As of September 29, 2017, it has come to my attention that there have been a few issues within the clinic. The following has been resolved and prioritized in order.

I know if an employee with our corporation violates the HIPPA law, we will lose our job. That is pretty much the bottom line. We have training, meeting when it comes to protecting and keeping health records

According to Michael Moore,” health care should be between the doctor and the patient. If the doctor says something needs to be done, the government should guarantee it gets paid for.” I strongly agree with Michael Moore’s statement about how health care needs to be confidential. If anything should be done, then the federal government are the ones to offer it. Health information is to help doctors understand their patient’s medical issues, but there are some cases where patient’s medical records are shared with unknown people. Can medical facilities trust their employees with the health information of a patient?

If one violates one’s privacy they are looking at very costly civil violations. For unknowing violations, one’s privacy, you will owe $100 per violation and $25,000 for a repeat violation. For violation HIPAA for a reasonable cause, it is $1,000 per violation with $100,000 for repeat violations. As for willful neglect but the violation is corrected within a certain time period it is $10,000 per violation with $250,000 for a repeat violation. Lastly, someone could owe $50,000 per violation and up to a maximum of $1.5 million for a repeat violation that is not corrected within the required time period (Brown,2014). As if that doesn’t seem to get any worse someone is also looking to facing criminal penalties when violating these laws. For individuals who knowingly violate HIPAA laws they can face up to a year of imprisonment. With someone who has the intentions to sell someone’s information to another individual can face up to ten years in prison (Brown, 2014). When starting a job in a hospital all employees are required to sign their understanding of the HIPAA laws for that hospital. Many hospitals require certain training and in-services to provide understanding of the laws and its importance in the hospital setting. If HIPAA is violated most hospitals let the employee know in the paperwork that they sign that they will be terminated immediately.

Title II of HIPAA covers two main areas: preventing healthcare fraud and abuse, and a broad series of rules under the framework of administrative simplification. The first area is not of significant interest to most healthcare workers. It defines numerous offenses relating to healthcare, and authorizes several programs to attempt to find and control fraud and abuse. Nurses should be aware of the proper procedures for reporting fraud and abuse at their facility. The second portion of Title II—administrative simplification—however, contains five separate rules, most of which have already had a significant impact on virtually everyone working in American health care, including all those working in any way with health information concerning

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,

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).