Social media can do many wonderful things for nurses. . Because none of us are perfect. Officials at the Jackson Memorial Hospital in Miami first learned of the incident on Sept. 8, Lidia Amoretti, a hospital spokesperson, told NBC News in an email Saturday. Top Student Loan Forgiveness Programs for Nurses, Top Nursing Interview Questions & Answers, How to Create a New Graduate Nurse Resume, Best White Shoes for Nurses and Nursing Students, Best Stethoscopes for Nurses and Nursing Students, How to Work in the US as a Foreign-Educated Nurse, Why Nursing is a Great Career Choice for Men, Healthcare Administration Salary & Career Guide. — -- One of the most dramatic scenes so far from the second season of ABCs New York Med had nothing to do with gunshot wounds or heart transplants. HITECH News What I do know is that she made a choice and has experienced the consequences of that choice. Give the world a positive impression of your beloved career. Brittney Wilson, BSN, RN, a bachelors-prepared registered nurse, is the founder and owner of The Nerdy Nurse and TheNerdyNurse.com. Her comments explained how the disease was much worse that she expected it to be, having not encountered anyone with the measles in the past. Author: Steve Alder is the editor-in-chief of HIPAA Journal. If a nurse accidently discloses ePHI due to a Covered Entity failing to implement a technical safeguard, the designation of fault can depend on many factors. Find all that an more with the FreshRN VIP - Membership. That I am not sure of. Others may be a breach of the HIPAA Privacy Rule and/or state privacy laws. The likely consequence in this scenario is a warning about using social media in the future. HIPAA Advice, Email Never Shared I was told I was being fired for being insensitive, she said. OB nurses from Emory got fired for sharing their patient "icks" on social media. It can be used to hold people to account for discriminatory views, comments or actions. There have been several instances in recent years of nurses who violate HIPAA with social media. We've received your submission. Its not the photo, in my humble opinion, thats the real issue. "To be belittled and mocked during that experience is outright unacceptable. Download PDF. Over the last several years, the world has witnessed the explosion of social media and other electronic communication like Facebook, Twitter, Pinterest, and Instagram. | The firing of a New York City . Samuels Instagram profile, which is marked private, identifies her as a mommy and a dry cereal consumer, a professional book reader and a bipolar lover. She has more than 600 followers. 2023 NYP Holdings, Inc. All Rights Reserved, Indiana bar backtracks on vow to toss patrons who criticize Bud Light, Dylan Mulvaney, Twitter co-founder Dorsey says company went south after Elon Musk took over, Megyn Kelly sports red MAGA-style hat in poolside pic, Most people make this major mistake sharing photos, TikTok video discussing their icks about being nurses. Abuse of Prescription or Non-Prescription Drugs 6. In addition to civil fines, nurses can also find themselves in trouble in relation to licensure problems. More recently, the pandemic brought about an explosion of cruel, unprofessional online behavior, even among people who ought to know better. Man vs. 6train So, did this really happen? that's continuously reviewed to ensure its as relevant and accurate as learn from my mistake.. Business associates of covered entities can also be fined directly for HIPAA violations, but what about individual healthcare workers such as nurses? Katie Duke states that when she was dismissed from her job of nearly 7 years that she wasnt fired for committing a HIPAA violation or for breaking any hospital policies, but for being insensitive. Marian Weber says she . The motive is important because a social media post sharing good news about a patients recovery is more of an unthinking or accidental violation of HIPAA than a malicious one. A nurse can be held responsible for a HIPAA violation if the non-compliant event occurs frequently in the nursing unit. However, Katie is resilient. Termination for a HIPAA violation does not just mean loss of current employment and benefits. In the former scenario, the penalty will likely be a warning and refresher training; while, in the latter scenario, this is an act of gross misconduct likely resolved by termination of contract. A nurse at a Texas childrens hospital has been fired for violating Health Insurance Portability and Accountability Act (HIPAA) Rules by posting protected health information on a social media website. Katie Duke's story spotlights the hazards of social media in hospitals. Although HIPAA has whistleblower provisions to protect employees who report HIPAA violations directly to HHS Office for Civil Rights, you may be required (by your employer) to file a report internally before taking any further action. What happens if a nurse violates HIPAA depends on the nature of the violation, the consequences of the violation, the nurses previous compliance history, and the content of the Covered Entitys sanctions policy. According to the Sacramento Bee, a nurse working in the labor and delivery unit at Kaiser Permanente was fired after posting a comment on Facebook. I hold high expectations for the nursing profession because of my mother, who spent decades being a nurse to eventually teach and prepare nurses in a nursing school. 2. Its the unlimited trips to the nursing station for me, said another bemoaning nurse. But it can also have big, sometimes unforeseen consequences, even for bold nurses who are on reality shows. But beyond penalties themselves, remember that you are a representative of your profession. Hospital officials cited patient privacy as a top priority while saying the blatant breach would be investigated. One only needs to search the words social media and nurse, to read the numerous stories where nurses have been let go for writing or posting comments and photos about patients or hospitals. Katie Duke is a passionate nurse who has strong opinions and will no doubt find another job and have continued success. Duke posted the photo with the caption "#Man vs 6 train." Join Today's Emergency Medicine Tweet Chat Today at 1 PM, ET In addition, Katie pursues additional education and now works as a nurse practitioner. "Everybody knows thats not a joke," she told WXII. Top Cheap and Fast Online RN to BSN Programs, Affordable Online Nurse Practitioner Programs, Top Direct-Entry Nurse Practitioner Programs, Top Psychiatric Nurse Practitioner Programs, Top Pediatric Nurse Practitioner Programs, Top Acute Care Nurse Practitioner Programs, Top Online Family Nurse Practitioner Programs, Top RN to Psychiatric Nurse Practitioner Programs, Top Womens Health Nurse Practitioner Programs, How to Get an Associate Degree in Nursing. But this poor kid was bad off and as a parent, I could see vaccinating out of fear, as reported by the Houston Chronicle, which obtained screenshots of her Facebook posts. Much like their dance routines, empathy is also performative, and theyll even exploit the death of a patient to display their supposed struggle after managing to lose another one or highlight their strength to constantly overcome this commonplace occurrence in their profession. I am not a nurse. Learn how your comment data is processed. It is a violation of HIPAA to share EMR login credentials because, under the Administrative Safeguards of the Security Rule (45 CFR 164.308), Covered Entities are required to implement procedures that record system activity including who accesses systems containing ePHI and when. A nurse in Florida has been fired after posting photos of a baby born with a birth defect on social media, according to hospital officials. But calling her insensitive? It was poor choice for Katie to post this particular social update. There has been considerable publicity surrounding the practice, following the publication of a report on the extent to which this is occurring by ProPublica (Summarized here). She also explained in her posts, I think its easy for us non-vaxxers to make assumptions, but most of us have never and will never see one of these diseases, and By no means have I changed my vax stance, and I never will. Most of the nurses that get into trouble have good intentions but they just dont know how far reaching social media can be, Spector said. That's why we rely on registered nurses and other experienced healthcare "My ick is. My response to that is that last time I looked, the media was in a different business. It would be unfathomable for my mother to record herself feigning emotion after watching someone die, as it would put her nursing ethics into question. When weve already told you to push your call light but every 5 minutes your family member coming up to the front desk asking for something else, said one nurse mockingly. Nurses are held to the highest standard in their jobs and profession. Man vs 6train gave identifying information to the public about a patient (she said it was the man who was hit by the 6 train; she didnt need to post his name as the media will have already taken care of that); her account identified where she works (thereby identifying that the person is being treated in her hospital cant release that info to anyone unless the patient or family consents doubt she got a release) and the actual picture showed the type of treatment the patient received (its a stretch but any person with reasonable medical knowledge can figure out what kind of tx the pt received). Simple. Delivered via email so please ensure you enter your email address correctly. The list of possible HIPAA violations by nurses is long, although the most common nurse HIPAA violations are listed below. Sounds like a huge setup to me. If the nurse works for a HIPAA Covered Entity, you can report the violation to the Covered Entitys Privacy Officer or HHS Office for Civil Rights. That is how it is said. Was this patient in an episode? She reportedly created a GoFundMe page titled "TikTok Got me Fired," but explains that she was suspended from her job. I can understand how someone can be upset but not to the degree they are taking it. Your first year as a nurse is daunting. This article is written not to attack Katie, but instead, share a very public example of how nurses can easily be fired for inappropriate social media use. Turn on desktop notifications for breaking stories about interest? The Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules must be followed by all covered entities and their business associates. HIPAA Journal provides the most comprehensive coverage of HIPAA news anywhere online, in addition to independent advice about HIPAA compliance and the best practices to adopt to avoid data breaches, HIPAA violations and regulatory fines. Last year, a St. Louis doctors Facebook complaints about a chronically late patient drew hundreds of outraged comments from Internet posters. 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If nurses share EMR login credentials, it is impossible for Covered Entities to accurately monitor system access or determine if a system containing ePHI has been accessed by a person without authorization. Sharing protected health information on social media websites should be further explained. You need someone in your corner telling you what your managers really need from you, helping you learn to interact with your preceptor, and really just manage your life. The caption for the image reads Man Vs 6 Train The after #lifesaving #EMS #NYC #ER #Nurses #Doctors #nymed #trauma #realLife.. Even so, the example still has the potential to help many nurses avoid making similar mistakes. This article is written not to attack Katie, but instead, share a very public example of how nurses can easily be fired for inappropriate social media use. 35 separate cases were uncovered. However, although the HIPAA violations might not be recognized as such within the nursing unit, a nurse can still be held responsible for a violation albeit an unintentional violation that results from an unofficial working practice. I cant be certain that this is the case, but it should be considered when looking at the big picture here. My take on her social media post was not that she was being insensitive but that it was a warning to anyone thinking they could take on or out run a train. An official from Texas Childrens Hospital confirmed the nurse lost her job as a result of violating hospital policies and federal laws by posting protected health information on social media, and not for her anti-vaxxing views. 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Whether this has to do with physician-privilege or the comments on the photo is an unknow, but its worth mentioning. Im not a HIPAA expert by any means, but I thought it was more than insensitive IMO it was a HIPAA violation. She has rules for how nurses can keep out of trouble while using social media but also using social media effectively and positively. If a nurse violates HIPAA by accident, it is vital that the incident is reported to the person responsible for HIPAA compliance in your organization the Privacy Officer, if your organization has appointed one or your supervisor. man vs 6 train. Nurse fired from Sinai Grace for online post, her attorney says she was canned for union organizing. It is not possible to determine the most common causes of HIPAA violations by nurses because although HHSpublishes a tableindicating the top five issues in investigated cases, there is no distinction between HIPAA violations by nurses and other members of the workforce. Had the nursing student been given a copy of the Covered Entitys sanctions policy? Nurses like this stain the honorable image of the profession that nurses like my mother helped to shape. And even if they were, are Katies posts protected by the waivers the producers of NY Med no doubt have patients sign? We've looked at programs nationwide and determined these are our top schools. She is able to get back up when she is kicked down and I have no doubt that she will deal with it and come out better for it in the end. All rights reserved. If a nurse violates HIPAA, a patient cannot sue the nurse for a HIPAA violation. Knowledge is power, and you need to know what may put your employment at risk. Were told we shouldnt reward bad behavior, but we routinely do on social media by clicking the like button for the most dysfunctional entertainment, retweeting reprehensible messages and subscribing to consume more narcissism. All other violations of HIPAA are civil offences subject to an employers sanctions policy or sanctions set by HHS Office for Civil Rights. They say that nursing is a calling, and my mother was called to the field. All rights reserved. But instead she decided to act as if she was not at fault. It highlights just how easy for nurses to make an error that could cause them to lose their job. As we were all told to applaud the nurses who were risking their health to support the sick during the pandemic, monsters in select hospitals nationwide thought it appropriate to choreograph dance routines for likes and shares. Im not saying that nurses should be monitored any more closely that anyone else, but unfortunately its an option for any employer these days so everyone should be on their toes about it. The HIPAA Privacy Rule places restrictions on the allowable uses and disclosures of protected health information. If you hung around nurses station and heard the way we talk about injuries, life and death you might get the wrong impression but its just a coping mechanism. She said. The HIPAA violation penalties for nurses range from a verbal warning and/or refresher HIPAA training to termination of contract depending on the nature of the violation, the nurses previous history of compliance, the consequences of the violation, and their employers sanctions policy. All links on this site may be affiliate links and should be considered as such. The nurse was an anti-vaxxer and posted about the experience of seeing a boy at the hospital suffering from the disease a disease that could have been prevented through vaccination. Get a . Duke also claims that the photo was not even hers, but rather reposted from a doctors Instagram page. Follow us and never miss out on the best in nursing news. While the RN never mentioned the patient's name or other information, it isnt every day that a person is hit by a subway and thus a connection could have been made between the Instagram picture and news report involving a specific patient. Because of the many different scenarios in which a breach in patient confidentiality may or may not be a violation of privacy regulations, a charge nurse should escalate the report of a breach to the organizations Privacy Officer and let the Privacy Officer deal with it. In a recent case, OB nurses from Emory got fired for sharing their patient "icks" on social media. Sierra Samuels, a neonatal intensive care nurse at Jackson Memorial Hospital in Miami, was fired Thursday following an investigation that began early last month after two photos of a newborn. Is she a bad nurse? Copyright 2014-2023 HIPAA Journal. Nurse Katie Duke was fired from a New York City hospital for sending this photo out on Instagram. However, the most common causes of HIPAA violations in recent years that could be attributed to nurses include impermissible uses and disclosures of PHI, the failure to respond to or a delay in responding to patient access requests, and failing to comply with the Minimum Necessary Standard. There are many examples of HIPAA violations in nursing homes thanks to areportproduced by ProPublica in 2017. I think that if the photo was the only thing posted, without her personal commentary about a real-life tragic event (that she made light of), I think it would have been perceived as harmless and shed still have her job today. We have nurses like the ones from Emory University Hospital Midtown who believe your tribulations are trivial and act as if your presence as a patient is an annoyance. See ourprivacy policyfor more information. My ick is when you come in for your induction, talking about, Can I take a shower and eat? one nurse says. Delivered via email so please ensure you enter your email address correctly. She took her loss and won! To be clear, this article is not intended to attack Katie in any way. Texas Nurse Fired for Social Media HIPAA Violation Posted By HIPAA Journal on Sep 13, 2018 A nurse at a Texas children's hospital has been fired for violating Health Insurance Portability and Accountability Act (HIPAA) Rules by posting protected health information on a social media website. Further information on the penalties for HIPAA violations are detailed here. She is the co-founder of Health Media Academy and is an award-winning author and blogger, international keynote speaker, and influencerin the nursing and healthcare technology communities. In the same way that you should not disclose information about your patients, nurses should take care not to post their personal information. Due to a high rate of vaccination (94.5%) in Houston, a measles case is very rare. If a nursing student violates HIPAA, the consequences can depend on many factors. Your Privacy Respected Please see HIPAA Journal privacy policy. A nurse can be fired for a HIPAA violation if the violation represents gross misconduct, a criminal act, or a repeated violation for which the nurse has previously been warned. But those of us who do have an audience have obligation to lead by example. She did get a new job at another local ER. Courtesy Marian Weber. The same applies to sharing PHI including photographs and videos of patients via messaging apps such as WhatsApp, Skype, and Facebook Messenger. Whether or not a nurse can be fired for a HIPAA violation under any other circumstances will depend on the content of the nurses employment contract and their employers sanctions policy. The average adult spent around 3 hours 35 minutes a day on their phone in 2018 and phone screen time is expected to surpass television watching time in 2019 (Wurmser, 2018). Those nurses empathized with us until the moment he left this earth and chose to mourn his passing alongside us. Nurse Julie Dyde and healthcare worker Rachel Keys have both been sacked by Calderdale and Huddersfield NHS Trust, West Yorkshire, and nurse Caroline Luxford-Noyes, has been fired by. And just look at her now..a NP and one of the most popular nurse influencers on social media. No nurse is immune to penalties resulting from inappropriate social media sharing. The failure to report a minor violation could have major consequences. ", 2020 THE SUN, US, INC. ALL RIGHTS RESERVED | TERMS OF USE | PRIVACY | YOUR AD CHOICES | SITEMAP. Receive weekly HIPAA news directly via email, HIPAA News When Emory found out about the viral videos mocking patients, they quickly fired the nurses who were involved. A malicious disclosure of PHI on social media is likely to be considered gross misconduct in which scenario the penalty will likely be termination of contract and referral to the nurses licensing authority. What happens if a nurse violates HIPAA accidently depends on the nature of the violation, the consequences of the violation, the employers sanctions for HIPAA violation, and the nurses previous history of accidental HIPAA violations. You can also lose your nursing license for continued HIPAA violations if you have been warned about your conduct and provided with additional training and your employer reports you to a licensing board. Without knowing the answers to these questions, it is impossible to discuss potential consequences. If made aware of a breach in client confidentiality, the actions a charge nurse should take depend on the nature of the breach. In that case it involved the sharing of photographs of patients on Snapchat. Because nurses are often on the frontline of medical care, they need to be extra careful with what they post on social media, said Nancy Spector, director of regulatory innovations for the National Council of State Boards of Nursing. The nurse was not fired by her employer for a HIPAA violation or break in hospital policy. Shes in a great position to become a public speaker and teacher of what not to do with SM Im curious to see where she takes it. Was the HIPAA violation attributable to a lack of knowledge, or was it a malicious act? 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The pediatric ICU/ER nurse worked at Texas Childrens Hospital and posted a series of comments on Facebook about a rare case of measles at the hospital. Reality TV is never quite reality, and this social media slip might have been a clever move planned by NY Med for major media and nursing coverage, or by Katie herself to further her growing fame. 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HITECH News An official from Texas Childrens Hospital confirmed the nurse lost her job as a result of violating hospital policies and federal laws by posting protected health information on social media, and not for her anti-vaxxing views. It seems so many people want to denigrate Katie Duke, from her choice to post the photo being discussed to the measurement of her waistline. Was the technical safeguard an addressable or required safeguard? You can read it in the stills. While the nurse did not post the childs name on Facebook, her job was listed on her profile along with the hospital where she worked, and information about the boy and his condition. As a nurse, it's important to know what you can and cannot post on social media. Recently, I lost my father-in-law, and as unexpected as his death was, he did not die in discomfort because of the amazing nurses who cared for him until he passed. Making Too Many Mistakes 8. "Dont play with peoples lives. She is known to be difficult. I speak professionally on the topic of social media for nurses and often get asked about specific examples of nurses making mistakes on social media. Thanks for contacting us. ", Do Not Sell or Share My Personal Information. Four days after the nurse was suspended the decision was taken to fire her for the HIPAA violation. This was such a teachable moment, She could have used her brand that she has built to help other nurses avoid making the same mistake. Ooooh I saw this episode! For an optimal experience visit our site on another browser. Samuels had worked for the Miami-based Jackson Health System since 2016, the station reported. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Participating in the TikTok #IckChallenge, four Emory University Hospital Midtown employees recorded a one-minute TikTok video discussing their icks about being nurses who deal primarily with labor and delivery.
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