Legal and Ethical Issues in Healthcare Information Technology

Literature Review

HIT encompasses a wide range of technologies and systems used in healthcare settings to improve the delivery of care, enhance patient outcomes, and support clinical decision-making. Apell and Eriksson (2023) noted, “Healthcare is full of data-rich processes, and the accessibility to large volumes of data, combined with the development of computer power and AI techniques, has created tremendous opportunities” (p. 179). The scope of HIT includes electronic health records (EHRs), telemedicine, health information exchange (HIE), mobile health (mHealth) applications, and wearable devices. These technologies enable the collection, storage, and analysis of patient data, facilitate communication between healthcare providers, and empower patients to actively participate in their own care. The use of HIT has the potential to revolutionize healthcare by improving efficiency, reducing medical errors, and advancing personalized medicine (Nair, 2022).

A significant body of research has focused on the legal issues and challenges associated with the implementation and use of HIT. One key area of concern is patient privacy and the protection of personal health information (PHI). Current legislation in the United States, such as the Health Insurance Portability and Accountability Act (HIPAA), aims to ensure the confidentiality and security of PHI. However, the digital nature of HIT introduces new vulnerabilities and risks, such as unauthorized access, data breaches, and identity theft. Researchers have examined the legal implications of these issues and proposed strategies to effectively address them. For example, the use of encryption, access controls, and audit trails can safeguard patient privacy and prevent unauthorized access to sensitive health information.

In addition to legal considerations, ethical concerns are paramount in the field of HIT due to its potential impact on patient autonomy, justice, and beneficence. Past studies have explored various ethical issues, including informed consent, data ownership, equity in access, and the responsible use of patient data. For instance, the widespread adoption of EHRs raises questions about patient consent for data sharing and the potential for secondary use of data without individual authorization. Researchers have also examined the ethical dimensions of data ownership and the importance of ensuring that patients have control over their health information, including the right to access, correct, and delete their data (Moore & Frye, 2019).

While previous research has made significant contributions to our understanding of legal and ethical issues in healthcare information technology, there are still several gaps and limitations that need to be addressed. First, many studies have primarily focused on the legal and ethical implications of specific technologies or applications, such as EHRs or telemedicine, rather than taking a comprehensive and interdisciplinary approach to examine the broader healthcare information technology landscape. Second, most existing literature has primarily been based on theoretical frameworks and conceptual analysis, with limited empirical research. Future studies could benefit from incorporating qualitative or quantitative methods to gain a deeper understanding of the practical challenges and outcomes associated with legal and ethical issues in HIT. Lastly, there is a need for more research that explores the perspectives of diverse stakeholders, including patients, healthcare professionals, policymakers, and technology developers, to ensure a comprehensive and inclusive analysis of the complex legal and ethical landscape of HIT (Kloss et al., 2018).