We are becoming a society (some would say, we have become a society) were opinions, especially those expressed on social media, are nearly bulldozing the privacies that should be considered a basic, ethical human right. Thus, opinions should not affect privacy.
In order to be more specific in regard to this post, let me begin by reviewing something called “HIPPA.”
Most of us have seen the acronym, especially when we sign forms in our doctor’s office. HIPPA stands for the Health Insurance Portability and Accountability Act.
HIPPA has three main components that I shall very briefly summarize: the Portability part removes stigmas such as pre-existing conditions so it is not held against you when you seek treatment or insurance; Integrity in the “Act” means, among other things that Medicaid can hire anti-fraud investigators so you cannot be taken advantage of by an unethical provider and Administrative Simplification means a standardized coding for illnesses and defines rules for your privacy and security.
Still Americans
HIPPA does not tell a healthcare provider what they can or cannot do in the privacy of their lives. For example, a physician who is privately opposed to public school education, cannot be terminated for her opinions away from her employment. If the physician were to join and/or comment on a Facebook page supporting homeschooling, for example, she should not be punished for expressing a home-schooling opinion.
Unfortunately, many Americans of nearly every job description use social media as if there is no privacy or confidentiality and it can – and does – get them into trouble.
One other point in regard to HIPPA is that virtually every healthcare provider in the United States has been schooled as to what constitutes a violation. This is not, or should not be new ground. However, being exposed to such information versus being ethically aware of this information are two different things.
A nurse on staff with the Texas Children’s Hospital in the Houston area, proudly proclaims that she is an anti-vaxxer. She is against childhood vaccinations. In fact, she is part of a group on a Facebook page that is entitled: “Proud Parents of Unvaccinated Children – Texas.”
Whether she is, in our eyes, right or wrong for being opposed to vaccinations is not the issue here. She is an American citizen and it is her Constitutional right to have an opinion. She is not breaking any laws in a “civilian” capacity.
You’ve been fired
This same nurse has just been fired. While on her job, the nurse took a picture of a child (under her care!) who was brought into the hospital for a case of measles. The child picked up measles while overseas. After the picture of the child was posted to Facebook, an absolute violation of HIPPA. Accompanying the picture was the following post from the nurse:
“I think it’s easy for us non-vaxxers to make assumptions, but most of us have never and will never see one of these diseases. By no means have I changed my vax stance, and I never will. But this poor kid was bad off and as a parent, I could see vaccinating out of fear. Along with my non-vax journey with no regrets, but I’ll definitely have the compassion to those who vehemently vaccinate.”
By chance or intention, a parent saw both the picture and the post. The parent reported it to the hospital. The nurse was quickly removed from the child’s care and two days later was fired. Said the hospital:
“We were made aware that one of our nurses posted protected health information regarding a patient on social media,” a hospital spokesperson told Fox News in a statement. “We take these matters very seriously as the privacy and well-being of our patients is always a top priority. After an internal investigation, this individual is no longer with the organization.”
The issue had nothing to do with the disease or vaccinations. An “adult equivalent,” if you would like, might be a doctor who privately felt that sexually transmitted diseases were all immorally contracted and in his private life, he belonged to a Facebook group espousing that position. Imagine the physician taking a picture of the patient and posting it such that co-workers or employers could see it.
HIPPA is very clear in its intent, but social media can often be amorphous. HIPPA is taught, but the ethical use of social media is rarely approached. Who knows how many violations of this type take place in America every day? In this case, it was almost serendipitous that someone saw the post and then reported the post.
The nurse had the opportunity and the need to prove her point. She “took advantage” of a sick patient in order to do so. Undoubtedly, she rationalized that no one would notice and that no one cared. She was wrong becuase opinions should not affect privacy.
