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Table of Contents

Think

Assess

 Patient: Autonomy

 Practitioner: Beneficence & Nonmaleficence

 Public Policy: Justice

Conclude

1x Speed

2x Speed

15. Email & Electronic Communication

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The best medical practitioner is also a philosopher.
~ Galen

Abstract

The integration of electronic communication, such as email and text messaging, into the healthcare system is an important contemporary reality. While these forms of communication have advantages, such as convenience and speed, they also come with increased responsibilities to protect patient confidentiality. Patients must be informed of the risks and limitations of electronic communications, and practitioners must get written consent before using these forms of communication. It is imperative to use encryption in all electronic communications to ensure privacy and security of protected health information, avoid any HIPAA privacy violations, and to maintain professional boundaries.

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Think 

[15:1] Communication is central to all patient-practitioner relationships and for establishing an effective interprofessional treatment team. Just as the healthcare structure and implementation are in rapid change and flux, so is the evolution of communication technology and social expectations. Email, text messaging, and other electronic communications are now fully integrated into our social structures and personal communicative relationships.

Assess
Patient: 1) Autonomy

[15:2] With this increase in diverse forms of communications comes the necessity of increased responsibility to assure that the patient-practitioner communications are confidentially safe, secure, and consensual. Practitioners and patients need to be aware of the limitations and risks of electronic communications.

[15:3] Face-to-face communications have multiple advantages over electronic communications like email and texts. First of all, the human presence and touch help establish and solidify the patient-practitioner relationship. Communication is interactive, with vocal inflections, gestures, and body movements playing a synergistic combination into a manifold of intersubjectively shared experiences. Vocal communication is unrecorded and private, creating an environment of trust and security. Patients, as a result, are more willing to share their deepest intimate secrets, and this protected health information (PHI) is necessary for the establishment of an accurate diagnosis and the development of an agreed-upon effective treatment plan. The history and physical (H&P) will then be summarized in the medical record, which can be thought of as a safe, secure, and private location where only those involved in the patient’s medical treatment will have legal access as needed. 

[15:4] In like fashion, electronic communications have multiple advantages over face-to-face communications. Emails and texts fit well into the busy and chaotic schedules of the practitioner and patient and can span the reaches of the globe. It is fast, short, and to the point and can occur at any hour of the day. A permanent record of all the communications is there to be retrieved and reviewed at any time by either the patient or the practitioner. This allows patients to reflect on what has been communicated and look online for more information about their condition and treatment, providing an even more educated,  informed consent.

Practitioner: 2) Beneficence & 3) Nonmaleficence

[15:5] However, unlike face-to-face communications, before having any electronic communications with patients, the healthcare provider must get written consent to use such communications and clarify what type of information is permissible for the practitioner to discuss with the patient. Patients must be fully aware of the risks of breaches in confidentiality, the possibility of someone reading their text messages on the patient’s or practitioner’s phone, or someone getting access to their email on their computer. The patient must also know that if there is a breach, confidentiality could be compromised. There is also the problem of making sure that the person being communicated with is the intended person. Someone could theoretically communicate with the practitioner without the practitioner being aware that they are mistakingly communicating with a person other than the intended patient.

[15:6] Electronic communications, like email and texts, can also result in a much higher risk of miscommunication of factual information and misunderstanding of personal intentions. Professional standards and boundaries must be vigilantly kept making sure that the patient-practitioner relationship never crosses over into anything other than a professional relationship.

Public Policy: 4) Justice

[15:7] Electronic health records (EHR) with protected health information (PHI) is no longer the central focus for institutional privacy risk management as electronic communication is now also part of that focus. Electronic communications that contain protected health information (PHI) has become a significant privacy risk. If an employer owns a patient’s email and if an email with protected health information (PHI) is sent to a patient, then the employer would have access to that information and could, as a consequence, use the patient’s protected health information (PHI) for hiring, firing, and promotion decisions. This, of course, would be a Health Insurance Portability and Accountability Act (HIPAA) confidentiality and privacy violation punishable by fines of up to $250,000 and a jail term of up to 5 years. That being said, emails with protected health information (PHI) can be safely sent if used with encryption.

[15:8] If a patient sends protected health information (PHI) by email to a practitioner without encryption, then that is permissible. However, if the practitioner responds to the unencrypted email, then the patient’s protected health information (PHI) will have been sent out again as part of the original email thread, resulting in an inadvertent but negligent HIPAA privacy violation. All electronic messaging that has any protected health information (PHI) must be securely encrypted.

[15:9] Short message service (SMS) texting is never HIPAA compliant, as any text can be read and forwarded to anyone. The safest thing to do before using email and electronic communication is to get HIPAA authorization from the patient in writing, document the authorization in the medical record, and always use encrypted communication protocols to ensure security, confidentiality, and privacy.

Conclude

[15:10] With electronic communications, the practitioner must always focus on the importance of security, confidentiality, and privacy, along with the importance of patient-practitioner relationship boundaries.

[15:11] In summary, As electronic communication becomes more prevalent in healthcare, practitioners must remain vigilant in maintaining security, confidentiality, and privacy while using these methods. Obtaining written consent from patients, informing them of the risks, and always using encrypted communication protocols are essential steps to ensure the safe and responsible use of electronic communication in healthcare. Additionally, maintaining professional boundaries and prioritizing the patient-practitioner relationship is vital in this evolving landscape of medical communication.

(See also: 3. Addressing Oneself & One’s patient, 8. Confidentiality, 47. Sexual Boundaries, 48. Social Media, and 55. Telemedicine)

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15. Review Questions

1. Which of the following are advantages of face-to-face communications over electronic communications like email and texts:

2. Which of the following are advantages of emails and electronic communications over face-to-face.

3. Which of the following are negative aspects of emails and electronic communications:

4. Protected health information (PHI) could be accessed by an employer if they own the patient’s email account.

5. If a patient sends a practitioner an unencrypted email with protected health information (PHI) and the practitioner replies with a response that does not have PHI, then that is not a HIPAA violation.

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15. Clinical Vignettes

1. Ms. Kenddra Jenkins, a 26-year-old advertising executive presents to the clinic with symptoms of depression and anxiety. The practitioner is considering the best way to communicate with the patient to establish a strong therapeutic relationship and gather information about their symptoms. Which of the following forms of communication is most likely to provide the greatest advantage in this situation?

2. Ms. Emma Coleman, a 32-year-old petroleum engineer presents concerns about communication with their practitioner. The patient reports that they are often busy, and their chaotic schedule makes it difficult to schedule appointments or follow-up visits. They mention that they prefer email and text messaging to communicate with their practitioner. Which of the following is the most likely advantage of the patient's preferred method of communication with their practitioner?

3. Mr. Enoch Ortiz, a 52-year-old help desk analyst presents concerns about electronic communication in the healthcare setting. The patient has heard negative aspects of using emails and text messages for communication between healthcare providers and patients. Which of the following is NOT a negative aspect of using emails and text messages for communication in healthcare?

4. Ms. Nina Rivera, a 45-year-old film director visits their primary care practitioner for a routine check-up. During the visit, the practitioner orders several laboratory tests and sends the results to the patient via email. The practitioner notices that the email account used by the patient is a business account. Which of the following is a unique risk when using a business email account without encryption to communicate protected health information (PHI)?

5. Mr. Oscar Powel, a 62-year-old nuclear engineer sends an email to their practitioner containing protected health information (PHI) in an unencrypted format. The practitioner replies to the patient's email with a response that does not contain any PHI but is also sent in an unencrypted format. Which of the following statements best describes the above mentioned situation regarding HIPAA regulations?

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15. Reflection Vignettes 

1. Dr. Jennifer Smith had been caring for Ms. Lisa Johnson, a 65-year-old woman with a long-standing history of hypertension and diabetes, for several years. Ms. Johnson had a deep trust in Dr. Smith, and the two had developed a strong patient-practitioner relationship over time. Recently, Ms. Johnson had been experiencing several concerning symptoms and had undergone various tests to determine the underlying cause. Dr. Smith had ordered lab tests, imaging studies, and other diagnostic procedures, and had discussed the results with Ms. Johnson during office visits. However, due to Ms. Johnson's busy schedule and mobility limitations, it was becoming increasingly difficult for her to come to the office for follow-up appointments. Ms. Johnson requested that Dr. Smith communicate with her through email to discuss the results of her tests and treatment options. Dr. Smith understood the importance of patient-centered care and the need to accommodate Ms. Johnson's needs. She also recognized the potential risks and benefits of communicating with patients through email, including concerns about patient privacy, confidentiality, and accuracy. Dr. Smith discussed the matter with her colleagues and reviewed the practice's policies and guidelines for email communication with patients. She also spoke with Ms. Johnson to explain the risks and benefits of email communication and obtain her informed consent to communicate via email.Dr. Smith and her team developed a secure email system that met HIPAA compliance regulations to ensure patient privacy and confidentiality. They established clear guidelines for email communication, including response times, content, and protocols for escalation in case of emergencies. Dr. Smith communicated with Ms. Johnson via email to discuss the results of her tests and treatment options, addressing any concerns or questions that Ms. Johnson had. Dr. Smith also provided Ms. Johnson with educational materials and resources to help her manage her conditions more effectively. The case of Ms. Johnson highlights the importance of patient-centered care and the need to accommodate patients' needs and preferences. It also underscores the need for healthcare providers to balance patient access and convenience with the potential risks and benefits of email communication, and to develop clear guidelines and protocols to ensure patient privacy and confidentiality.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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2. Dr. Sarah Johnson had participated in the Doctors Without Borders program, a humanitarian organization that provides medical assistance to people in distress, conflict, and post-conflict environments. During her time with the organization, Dr. Johnson witnessed firsthand the devastating impact of war and conflict on communities and the importance of providing medical care to those in need. As a way of sharing her experience with others and raising awareness about the work of Doctors Without Borders, Dr. Johnson began posting images and stories of the patients she treated on her social media accounts. However, Dr. Johnson did not obtain the patients' informed consent or take measures to protect their privacy and confidentiality, which raised ethical concerns. The sharing of patient information and images on social media is a violation of patient privacy and confidentiality, and it can have serious consequences for patients, including discrimination, stigmatization, and loss of trust in healthcare providers. Additionally, the use of social media can compromise the safety and security of patients, especially in conflict and post-conflict environments where sharing sensitive information can put patients and their families at risk. Dr. Johnson's actions were a breach of medical ethics, and she was subject to disciplinary action from her professional organization. She recognized the gravity of her mistake and worked to rectify the situation by removing the images and stories from her social media accounts and apologizing to the patients and their families. The case of Dr. Johnson highlights the importance of respecting patient privacy and confidentiality and the need for healthcare providers to obtain informed consent and take appropriate measures to protect patient information. It also underscores the potential risks and consequences of sharing patient information and images on social media, especially in conflict and post-conflict environments. Healthcare providers must be aware of the ethical implications of their actions and uphold the highest standards of professionalism and integrity in their work.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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