Impact of the Technology on Patient Privacy and Potential Problems

There is an increase in the level of patient’s privacy with the development of new technologies. The technology has led to the creation of personal health records (PHR) on a website, which patients can access on their own (Guarda & Ducato, 2016). PHR, therefore, eliminates the old trend where patients had to carry some cards or small booklets containing their treatment record. The physical documents expose easily to other people when the patient is carrying it in public places or when at home. With the PHR, only the patient and the health providers can access it through a password when there is a need (Richards & Bourgeois, 2014).   Also, the records are free from access by other hospital staff like receptionist or those who manage the records because only the medics and the patient have the password to the files.

One potential problem about the new development in health records is the ethical and legal standards in the disposal of such electronic information because of their sensitive nature (Guarda, & Ducato, 2016). Information on the internet is hard to erase from the database meaning that someone else can still access it even after the medics delete as a way of disposing of. There is also the potential of hacking the information by people who may want to use it against the patient. The hackers can also alter the data to persecute doctors against the wrong diagnosis.

Ownership of Medical Records

I will explain to the patient that I am going to give out the record but in a way, which observes my ethical standards as a nurse to protect any patient’s records. Further, the patient should understand that by sending the file to the second health provider is the safest method to ensure that no third party accesses the document (Richards & Bourgeois, 2014). The patient is correct in claiming ownership of the films and has the right to access them. However, the information is what belongs to patients and not the physical or softcopy storage (Walker et al., 2014). According to the health insurance portability and accountability act (HIPAA) in the United States, patients own the data in a medical record, but the health center owns the form of storage and is responsible of maintaining it (United States Department of Health & Human Services, 2003).  They can only access the information, but they cannot have it at hand. Also, patients have the right to request the health provider to make amendments on the records where there is a misrepresentation. By sending the films to the other health provider, it will be a way of giving the patient access to the information. Giving out the films, therefore, will be giving out hospital properties and risking the exposure of the records to a third party thereby exposing the privacy of the patient.

Breach of Patient’s Confidentiality

The case is an example of a violation of patient confidentiality. Health information is restricted between the patient and the medics who are responsible for the treatment (Wong et al., 2015). By the virtual of the nurses being health, practitioners do not spare them from being third parties because they are not treating the patient. Also, they do not have the intention of helping in treatment after accessing the information, but they are only curious to know the lifestyle of the celebrity meaning that there is exposure to privacy.  To handle the situation, I would request the one in charge of keeping such records to close the database first. Also to solve such kind of future problems, I will remind the nurses about the professional ethical and legal standards of maintaining patient’s confidentiality (Richards & Bourgeois, 2014). The nurses might defend themselves that they were studying the record to use in evidence practices, but they have to know that one cannot take information as the solution to a problem that is not existing. In case the nurses in charge of the records have broken the law in exposing the patient’s history, they will have to face the administration and law for further warnings and directions. The law covers patent’s confidentiality and therefore the case is beyond the hospital jurisdiction (Wong et al., 2015).

HIPAA Regulations

HIPAA covers individually identifiable health information, which health entities or businesses keep in media or any other form. The information ranges from historical, present and predicted health conditions, analysis of the care provided to the patient and payment made or now or in future concerning patient’s treatment (United States Department of Health & Human Services, 2003). Other information includes the names, place of residence, and date of birth. The entities cover such information, which it may create, transmit, maintain or receive electronically or in other physical and oral form. HIPAA requires the entities to maintain confidentiality in the information and identify any anticipated risk of exposure or threat of such information. The penalties include $ 100 to a maximum of $ 25,000 per year in each failure to follow the requirements of privacy (United States Department of Health & Human Services, 2003). However, the law does not impose the penalty when entities violate substantial reasons. Disclosing or obtaining such private identifiable information attracts a one-year jail term or $ 50,000 fine. When one obtains or discloses the information through pretense, the penalty hikes to $ 100, 000 or five years in jail. Those subject to the HIPAA requirements include health plan organizations like insurance companies, health providers and health care clearinghouses.

United States Department of Health & Human Services. (2003) OCR Privacy Brief: Summary of the HIPAA Privacy Rules.

https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/understanding/summary/privacysummary.pdf#page=19&zoom=100,0,185

Guarda, P., & Ducato, R. (2016). From electronic health records to personal health records: emerging legal issues in the Italian regulation of e-health. International Review of Law, Computers & Technology, 30(3), 271–285.

Walker, J., Darer, J. D., Elmore, J. G., & Delbanco, T. (2014). The road toward fully transparent medical records. New England Journal of Medicine, 370(1), 6-8.

Wong, S. T., Lavoie, J. G., Browne, A. J., MacLeod, M. L. P., & Chongo, M. (2015). Patient confidentiality within the context of group medical visits: is there cause for concern? Health Expectations, 18(5), 727–739.

Richards, I., & Bourgeois, M. (2014). Principles and practice of toxicology in public health (2nd ed., pp. 1-497). 5 Wall St – Burlington: Jones & Bartlett Learning.

 
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