Wearable technology has the capability of transforming the healthcare industry. Wearable technology cannot only provide information to experts in the medical field about patients in remote areas invaluable to delivering effective medical treatment, particularly where it would not otherwise be available, but it also can provide additional information. For example, it can give healthcare providers information useful in making accurate diagnoses collected while a patient is engaged in normal day-to-day activities over a period of time, supplementing information obtained during the patient examination. The decreasing cost of wearables and their ability to collect and analyze massive amounts of information and to transmit it easily via Bluetooth or wireless technology will most likely accelerate its acceptance and use in the healthcare industry.
The current use of wearable technology by businesses in labor-intensive industries has already shown that it can provide information and data in real time that improves profitability and productivity. For example, in the retail industry, workers wear wireless headsets so they can quickly and accurately respond to customer inquiries. In the distribution industry, wearable technology in the form of glasses that incorporate high definition cameras are worn by warehouse employees and are used to ensure the correct item is pulled for shipment thereby minimizing returns, to direct the sequence of item selection to improve efficiency, to advise of fragile items to prevent breakage and to warn of safety concerns in the workplace to avoid injuries. Like the healthcare industry, the value of using wearable technology in other industries is potentially huge. Wearable technology can provide salespeople access to information in seconds about products, services and customers useful in making a sale. Similarly, wearable technology can provide construction workers virtual access to building plans that can speed up project completion.
The number of individuals wearing wearable technology for personal reasons will likely grow, as weil, as the availability of devices increase and their cost decrease. More and more consumer wearable technology devices such as Android and Apple watches are being sold or will soon be available to the general public for purchase. Nearly all wearables incorporate a health application. Health applications gather health and fitness data, including distance walked or ran, steps taken, flights of stairs climbed, calories, blood pressure and heart rate. The availability of more powerful health applications is probable as software and applications developers improve and expand the offerings based on demand. For example, technology experts expect to see the introduction of health applications and wearable devices that include the ability to non-invasively determine blood sugar levels and obtain other personal health-related data. For these reasons, healthcare providers can expect to find more and more patients wearing wearable technology devices capable of providing a substantial amount of information about the health and fitness of patients.
The interest of consumers in wearable technology devices does not necessarily mean that they will accept their use by healthcare providers. Doctors, hospitals and others in the healthcare industry should be prepared to address the concerns of patients that may arise when they learn about the amount and type of information about their personal health and activities that can be collected using these devices. Patients have legitimate concerns that members of the healthcare industry, as well as insurers and the government, could use the information and data received in a manner that adversely affects them and their families. Also, patients have legitimate concerns that information obtained from wearables could be stolen and used for unlawful purposes.
What can doctors, hospitals and others in the healthcare industry do to minimize potential problems while providing the benefits derived from wearable technology device use? A proactive approach to dealing with these potential problems is most likely the best strategy. Healthcare industry employees should determine what the appropriate standards are for obtaining, using, disseminating and storing patient health information received from wearable technology devices.
Next, healthcare providers should amend or revise existing policies and procedures or develop policies and procedures addressing probable patient concerns and their rights. They should inform patients of the legitimate reasons for using wearable technology, the helpfulness of information received from wearables as it relates to providing effective medical care, steps taken to limit the gathering and dissemination of information and actions undertaken to secure the information and data received to prevent unauthorized distribution and use.
This approach may not overcome the concerns of all patients; consequently, healthcare providers should consider giving patients who do not want to wear wearables or allow the use of information in relation to their medical care the option of opting out. Healthcare providers also should consider having patients sign an authorization form consenting to the use and dissemination of the information obtained from wearables for medical care purposes. Healthcare providers should train their representatives and staff on the policies and procedures and provide patients an opportunity to ask questions regarding the use of wearable technology. In addition, healthcare providers should review the policies and procedures periodically to ensure they keep pace with the likely expansion of wearable technology device and health application capabilities and to protect their legitimate interests and patient rights.
While the use of information and data received from wearable technology devices may assist in improving the quality of medical care, there are many issues that must be considered and addressed to ensure it provides the full benefit. Issues such as who owns and controls the information, how the massive amount of information will be used, disseminated and stored, what the appropriate standards applicable to the use of wearable technology and the information received are and how to protect patient and healthcare provider interests must be evaluated to ensure the best products and services are delivered.
Advances in wearable technology and health applications, the increasing availability of less expensive wearables, incorporating more health-related features and more sensors and consumer interest present an opportunity for the healthcare industry to improve the quality of medical care that cannot be ignored. The success or failure of employing wearable technology to improve medical care, however, hinges at least in part, on whether the healthcare industry judicially appraises the benefits and risks of wearable technology use in relation to objectives and goals before, rather than after, it becomes common.
Tracy L. Moon, Jr. is a partner in the Atlanta office of Fisher & Phillips LLP, which represents employers across the country in labor, employment, civil rights, employee benefits, OSHA and immigration matters. He can be reached at (404) 240-4246 or at tmoon@laborlawyers.com.
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