HIPAA, Legal, and Regulatory Requirements
Unit 3: RUA: We Can but Dare We? Assignment
As healthcare providers, we look more and more to technology to improve patient outcomes, streamline operations, and lower costs. Sometimes, technology can be used in ways that have ethical, moral, and legal considerations too. You will be writing about the use of personal devices and social media and their use in healthcare. We can do it, but dare we?
This is a “think outside the box” assignment in which there is not necessarily only one right answer. Still, you are required to find sources that support your opinions. Be sure to cite and reference them in your paper. Submit the assignment by the due date, as instructed by your faculty member.
SCENARIO
You receive a message from a peer at work that there is a big investigation being conducted at work due to a HIPAA violation and that it involved a celebrity who had been admitted to the hospital. As a case manager for the hospital, you are given a company cell phone for hospital use because you are on call three days per week. You have pictures of this celebrity you took the other day. The word is that legal action is being taken against the hospital due to some photos that were sold to the Gossip Gazette. They ask to search your company cell phone.
NR360 RUA: We Can, But Dare We?
NR360 RUA: We Can, But Dare We?
Criteria Ratings Pts
This criterion is linked to a Learning OutcomeIntroduction (40 points/17%)
• Catches attention of the reader.
• States purpose of the paper.
• Provides a narrative outline of the paper (i.e.,
the assignment criteria).
40 pts
Highest Level of performance
Meets all requirements for section.
36 pts
High Level of Performance
Includes no fewer than 2 requirements for section.
32 pts
Satisfactory level of performance
Includes no less than 1 requirement for section.
15 pts
Unsatisfactory level of performance
Present, yet includes no required criteria.
0 pts
Section not presented in paper
No requirements for this section presented.
40 pts
This criterion is linked to a Learning OutcomeHIPAA, Legal, and Regulatory Discussion (40 points/17%)
Presents evidence from recent scholarly publications
to address the impact of technology on nursing care
related to:
• Patient privacy and HIPAA standards
• Healthcare regulations
• Legal guidelines on appropriate use of
technology
40 pts
Highest Level of performance
Meets all requirements for section.
36 pts
High Level of Performance
Includes no fewer than 2 requirements for section.
32 pts
Satisfactory level of performance
Includes no fewer than 1 requirement for section.
15 pts
Unsatisfactory level of performance
Present, yet includes no required criteria.
0 pts
Section not presented in paper
No requirements for this section presented.
40 pts
This criterion is linked to a Learning OutcomeScenario Ending and Recommendations (50 points/21%)
Selects and presents one scenario ending as the
focus of the assignment.
• Evaluates the actions taken by healthcare
providers as the situation evolved.
• Recommends actions that could have been
taken to mitigate the circumstances presented
in the selected scenario ending.
• Supports recommendations with evidence from
recent scholarly publications.
50 pts
Highest Level of performance
Meets all requirements for section.
46 pts
High Level of Performance
Includes no fewer than 3 requirements for section.
42 pts
Satisfactory level of performance
Includes 1-2 requirements for section.
19 pts
Unsatisfactory level of performance
Section present yet includes no required criteria.
0 pts
Section not presented in paper
No requirements for this section presented.
50 pts
This criterion is linked to a Learning OutcomeAdvantages and Disadvantages (50 points/21%)
• Presents evidence from recent scholarly
publications to address the impact of
technology on nursing care.
• Evidence includes the advantages of
appropriately using technology in healthcare.
• Evidence includes risks of inappropriately using
technology in healthcare.
• Describes professional and ethical principles
guiding the appropriate use of technology in
healthcare.
50 pts
Highest Level of performance
Meets all requirements for section.
46 pts
High Level of Performance
Includes no fewer than 3 requirements for the section.
42 pts
Satisfactory level of performance
Includes 1-2 requirements for section.
19 pts
Unsatisfactory level of performance
Section present yet includes no required criteria.
0 pts
Section not presented in paper
No requirements for this section presented.
50 pts
This criterion is linked to a Learning OutcomeConclusion and Reflections (30 points/12%)
• Summarizes new information learned by
completing this assignment.
• Reflects on how this new knowledge will impact
future behavior as a healthcare professional.
30 pts
Highest Level of performance
Meets all requirements for section.
15 pts
Satisfactory level of performance
Includes 1 requirement for section.
0 pts
Section not presented in paper
No requirements for this section presented.
30 pts
This criterion is linked to a Learning OutcomeScholarly Writing and APA Format (30 points/12%)
• Paper submitted as a Microsoft Word
document.
• Adheres to current APA formatting guidelines
including proper use of:
o Title page
o Page numbers
• Length is 4-5 pages, excluding title and
reference pages.
• Includes at least three (3) references that are:
o From recent (within the last 5 years)
scholarly sources
o Cited in text appropriately
o Included on an APA formatted reference
page
• Scholarly writing reflects:
o Accurate spelling
o Correct use of professional grammar
o Logical organization of thoughts
(mechanics)
30 pts
Highest Level of performance
Meets all requirements for section.
26 pts
High Level of Performance
Includes no fewer than 4 fully met requirements for section.
22 pts
Satisfactory level of performance
Includes no fewer than 3 fully met requirements for section.
12 pts
Unsatisfactory level of performance
Includes 1-2 requirements fully met requirements for section.
0 pts
Section not presented in paper
No requirements for this section presented.
30 pts
Total Points: 240
We Can, But Dare We?
Jane Smith
NR360: Information Systems in Healthcare
May 23, 2021
2
We Can, But Dare We?
Follow the guidelines in the rubric when writing this section. This is the introduction
paragraph and should include a catchy introductory sentence to entice the reader to read more.
The introduction section should also include a sentence about the purpose of the paper. Use the
words, “The purpose of this paper is...” The last line of your introduction should provide your
reader with a narrative outline of the paper (Hint- use the Level 1 headings here such as patient
privacy and HIPPA standards, legal guidelines on the appropriate use of technology, healthcare
regulations, advantages and disadvantages, recommendations, and reflections).
HIPAA, Legal, and Regulatory Requirements (Level 1 Heading)
In this section discuss how all these things concerning informatics. As the guidelines state
with technology how does one keep things private, what are some legal aspects of technology we
need to be aware of and what is some regulatory things you found that we have in place to
protect information and the users from having their information out in the public. Relate what
you found in your research of your sources that talked about this. Ideally you should have 1-2
paragraphs (you can use Level 2 headings if you want but not required) for each bullet point
under this section on the rubric- Patient privacy and HIPPA standards, legal guidelines on the
appropriate use on technology, and healthcare regulations. This section should include a
minimum of 1-2 properly formatted, scholarly, in text citations with complete corresponding
references listed on the Reference page.
Patient Privacy and HIPAA Standards (Level 2 heading) – optional and is not required for
any section
Add your 1-2 paragraphs about patient privacy and HIPPA standards here.
3
Legal Guidelines (Level 2 heading) – optional and is not required for any section
Add your 1-2 paragraphs about legal guidelines here.
Healthcare Regulations (Level 2 heading) – optional and is not required for any section
Add your 1-2 paragraphs about healthcare regulations here.
Scenario Ending and Recommendations
Select one of the endings to the scenario to focus the assignment and then talk about the
implications of this ending concerning informatics. Evaluate the actions taken by the healthcare
providers as the situation evolved, and recommend actions that could have been taken to mitigate
the situation. Ideally this section should have a minimum of 1-2 paragraphs for each bullet point
under this section on the rubric. This section should include a minimum of 1-2 properly
formatted, scholarly, in text citations with complete corresponding references listed on the
Reference page.
Advantages and Risks
This section should begin with a paragraph with evidence from recent scholarly
publications to address the impact of technology on nursing care. One citation should be used in
this paragraph.
Advantages (Level 2 heading) – optional and is not required for any section
The next paragraph in this section should be a discussion of the advantages of using
technology in healthcare. Ideally you should try to have a minimum of three advantages. Use
support from the literature and include citations.
4
Risks (Level 2 heading)- optional
The next paragraph is where you will discuss risks associated with using technology in
healthcare. Ideally you should try to have a minimum of three risks. Use support from the
literature and include citations.
Professional and Ethical Principles (Level 2 heading)- optional
This last paragraph in this section should describe professional and ethical principles
guiding the appropriate use of technology in healthcare.
Conclusion/Reflection
This needs to be a summary of the key points of the paper AND a reflection of lessons
learned as a result of doing this assignment. Discuss how it will impact your nursing practice in
the future. NOTE: It is acceptable for the reflection to be in first person; however, the rest of the
paper should be in third person.
5
References
References should be on a new page at the end of your paper. You need at least 3 scholarly
sources within the last 5 years. If is was cited in this paper then it needs to be included here.
APA 7th edition does not use “Retrieved from” any longer. References should be in alphabetical
order, double-spaced, and have a hanging indention after the first line of each entry. Below are
some examples of properly cited sources. Double check your formatting on
https://owl(dot)purdue(dot)edu/owl/research_and_citation/apa_style/apa_style_introduction.html
Campanella, P., Lovato, E., Morone, C., Fallacana, L., Mancuso, A., Ricciardi, W., & Specchia,
M. (2015). The impact of electronic health records on healthcare quality: A systematic
review and meta-analysis. European Journal of Public Health, 26 (1), 60-64.
McGonigle, D. & Mastrain, K. (2022). Nursing informatics and the foundation of knowledge, 5th
ed. Jones & Bartlett Learning.
Kass, N., Kahn, J., Buckland, A., Paul, A., & Ethics Working Group. (2019). Ethics guidance for
the public health containment of serious infectious disease outbreaks in low-income
settings: Lessons from Ebola. https://bioethics(dot)jhu(dot)edu/wp-
content/uploads/2019/03/Ethics20Guidance20for20Public20Health20Containment20Less
ons20from20Ebola_April2019.pdf
Technology in healthcare, like in any other field, is a double-edged tool that requires maximizing the benefits and minimizing the risks. According to Drolet et al. (2017), technology facilitates information among healthcare providers and between patients and healthcare providers, thus improving access to healthcare and patient outcomes. However, security violations are possible, especially for protected health information. Healthcare professionals must address the moral, legal, and ethical considerations that arise from using technology in healthcare. This paper's purpose is to examine HIPAA, legal and regulatory requirements associated with technology use, provide recommendations based on a scenario, and explore the advantages and risks of technology use in healthcare.
HIPAA, Legal, and Regulatory Requirements
Since health information has to be protected to enhance patient privacy, standards, legal guidelines, and healthcare regulations have been developed concerning technology use in healthcare.
Patient Privacy and HIPAA Standards
The HIPAA privacy rule provides patient privacy standards in the United States (US). The HIPPA privacy rule ensures that healthcare providers limit the use and disclosure of protected health information (PHI) and use appropriate safeguards to prevent unauthorized use/disclosure and breach of PHI (US Department of Health & Human Services, 2022; Drolet et al., 2017). HIPAA standards ensure that patient privacy is given priority even as healthcare professionals use technology for healthcare purposes.
Legal Guidelines on Appropriate Use of Technology
Healthcare professionals must develop safeguards to prevent a breach or unauthorized disclosure use of PHI (Drolet et al., 2017). This is the primary legal guideline for appropriate technology use provided under HIPAA. Even when using personal mobile phones for communication, healthcare providers are expected to develop and maintain safeguards such as message encryption, screen shield, and strong password to ensure PHI does not get into the wrong hands (Drolet et al., 2017).
Healthcare Regulations
Apart from HIPAA, other healthcare regulations concerning technology exist. HITECH not only facilitates the enforcement of HIPAA but also requires healthcare professionals to inform patients if their PHI is breached (Theodos & Sittig, 2021). However, these regulations do not cover other aspects of technology, such as wearable and mobile health apps which also present a privacy challenge.
Scenario Ending and Recommendations
Implications of the Ending
If the pictures of the celebrity are found on the company cell phone, the case manager has to explain why they took the pictures. According to Nettrour et al. (2019), healthcare professionals should only take patient photographs if necessary and relevant to patient care. In addition, the case manager has to explain why they have pictures of the celebrity stored in the company cell phone. According to Tariq and Hackert (2021), healthcare professionals should use portable/mobile devices for viewing the data but not for storing it. Since the pictures were already sold, the hospital can be held liable for HIPAA violations.
Actions Taken by Healthcare Providers
As the situation evolved, healthcare providers communicated to create awareness about the investigation. This communication can be deemed unethical because those who had used or disclosed the patient’s pictures could have deleted them before their phones were confiscated. Also, those involved in the direct care of the patient and who took pictures would need to provide written consent showing the patient allowed them to take the pictures. Nett...
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