Nurs-fpx 4040 Assessment 2 – Protected Health Information (PHI): Privacy, Security, and Confidentiality Best Practices
Staff Health Interprofessional Update
Social media can be an extremely powerful tool for communicating general healthcare information to the public, creating professional connections, and sharing experiences. On a professional level, it has many significant benefits from the collaborative exchange of ideas and discussions of health issues. Confidentiality, privacy, and security are three fundamental concepts that are used in any healthcare setting regarding protected health information (PHI) and Health Insurance Portability and Accountability Act (HIPAA).
In the current events and updates in this hospital, knowledge of one of our valued Employees was unfortunately terminated due to a breach of patient privacy. Although this was a difficult decision, it displays a serious impact and extensive consequences. The following is a quick update reminding all staff of our policies to prevent this from occurring in the future.
HIPAA – The Health Insurance Portability and Accountability Act protects ALL individuals’ health information from being disclosed without the patient’s consent.
PHI- Protected health information under U.S. law is any information about health status, provision of health care, or payment for health care that is created or collected by a Covered Entity and can be linked to a specific individual (TechTarget, 2021).
Examples – Patient names, addresses, and anything more specific than the state, including street Address, city, county, precinct, and in most cases, zip code. Date of birth, discharge, admittance, and death dates. Telephone and fax numbers. Email addresses.
Unprofessional Behavior – It is Prohibited to post photos of patients on any social media platform. Refrain from giving out information, good or bad, or comments about patients.
Please Do not provide details that could potentially reveal a patient’s attendance in the facility. Remember that online posts, tweets, and blogs are not private communications and can be used against you in an investigation by your board of nursing.
Whether intentional or inadvertent, social media posts that breach patient privacy and confidentiality are the most egregious. They include patient photos, negative comments about patients, or details that might identify them, the healthcare setting, or specific departments. Even when posted with the best intentions, such as trying to get professional advice from colleagues about patient care, these posts are discoverable and can lead to legal problems, with potential fines and jail time for Health Insurance Portability and Accountability Act (HIPAA) violations, termination or another discipline from your employer, action taken against your license by a BON, civil litigation, or professional liability claims (Balestra, 2018).
Nurs-fpx 4040 Assessment 2 – Protected Health Information (PHI): Privacy, Security, and Confidentiality Best Practices
WE HAVE A RESPONSIBILITY!!!
Lack of privacy can undermine patients’ relationships with providers and may adversely affect the quality of care if patients are reluctant to share personal health information. Despite the existence of laws and organizational policies intended to provide protection, patients may also worry that the exposure of their personal health information, including genetic tests, may result in the loss or denial of health insurance, job discrimination, or inflict personal embarrassment.
What Happens When a Nurse Breaches Patient Confidentiality?
Cases are usually reviewed individually, and consequences can range from formal write-ups to being let go. The severity of the reprimand usually depends on the breach, the factors that lead up to it, and the intent of the nurse. Nurses who make accidental breaches may be required to attend additional training. The bottom line is that a breach of patient confidentiality is a serious occurrence in any healthcare setting. As a nurse, you are obligated to take care of the patient and Maintain his or her privacy, and you can’t afford to ignore a breach. Whether or not you caused it, reporting it is usually the best course of action.
Nurs-fpx 4040 Assessment 2 – Protected Health Information (PHI): Privacy, Security, and Confidentiality Best Practices
How Does One Report A Breach?
Immediately reach out to your manager or compliance officer to determine what actions need to be taken to mitigate risk and reduce the potential for harm. The incident will need to be investigated, a risk assessment may need to be performed, and a report of the breach may need to be sent to the Department of Health and Human Services Office for Civil Rights. You should explain that a mistake was made and what has happened. You will need to explain which patient’s records were viewed or disclosed. The failure to report such a breach promptly can turn a simple error into a major incident, one that could result in disciplinary action and, potentially, penalties for your employer.
Confidentiality is EVERYONE’S responsibility. I know we ALL want to see our patients win, get well, and go home. But we have to be more cautious. We must work together to provide our patients with the best healthcare experience that we can give by protecting their health and privacy while they are in our care. Thank You for your time.
References
ANA Center for Ethics and Human Rights. (2015). American Nurses Association position statement on privacy and confidentiality
Balestra, Melanie L,N.P., E.S.Q. (2018). Social media missteps could put your nursing license at risk. Alabama Nurse, 45(3), 18.
How should you respond to an accidental HIPAA violation? HIPAA Journal. (2021, January 21). https://www.hipaajournal.com/accidental-hipaa-violation/.
Lutkevich, B., Wallask, S., & DelVecchio, A. (2021, April 5). What is phi (protected/personal health information)? SearchHealthIT. Retrieved December 13, 2021, from https://searchhealthit.techtarget.com/definition/personal-health-information.
Onward Healthcare. (n.d.). (2021).
https://www.onwardhealthcare.com/nursing-resources/how-to-address-breaches-in-patien t-confidentiality/.
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