Those nurses empathized with us until the moment he left this earth and chose to mourn his passing alongside us. I felt so bad for her, but she should have known better.. ! You can lose your nursing license for a HIPAA violation if the nature of the violation is criminal (under 1177 of the Social Security Act) or if the violation represents gross misconduct. 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. 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. In some cases, the disclosure may also be reported to law enforcement agencies. jQuery( document ).ready(function($) { The intent is to explore the complex issue of where personal life intercept work end and how social media makes that all the more complex. If a nurse violates HIPAA on social media, the consequences of the violation depend on the motive behind posting PHI on social media, the content of their employers sanctions policy and what training the nurse has received about impermissible disclosures of PHI. Katie Duke, a nurse propelled to fame by popular reality show NY Med, was fired for social media. 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. Patient Abuse or Poor Professional Conduct 2. Find all that an more with the FreshRN VIP - Membership. Required fields are marked *. It could be a mistake to reprimand a member of the workforce for a disclosure that is allowed. What was the impact of the accidental disclosure? There are many examples of nurses being fired for social media use, but Katies story is one of the most well-known and allows for a very teachable moment. Now I check my posts so no one gets offended or thinks I am a cold-hearted person., Emergency Medicine Tweet Chat Today at 1 PM, ET. Where new information has been made available, I have provided updates and clarification. 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. Releasing patient information is a serious problem for nurses. That I am not sure of. All and all, Id say Katie Duke used her social media mistake to make lemonades out of some very sour lemons. 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. What I do know is that she made a choice and has experienced the consequences of that choice. 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. 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. Over the past ten years there have fewer than 10 confirmed cases in the city. If a nurse discloses a patients health information for a purpose not allowed by the Privacy Rule, or discloses more than the minimum necessary for the purpose of the disclosure, this is a violation of the Privacy Rule. It actually filmed her there.
Even famous nurses make mistakes on social media.
Sinai Grace nurse fired for Facebook post; attorney says it was for Nurse fired for posting photos of newborn with birth defect Katie Duke NY Med - Nurse Fired for Social Media Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. 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. And a student who was admitted to an Illinois hospital for extreme intoxication claimed a doctor posted photos of her to various social media sites -- with commentary. Social media is a double-edged sword. The list of possible HIPAA violations by nurses is long, although the most common nurse HIPAA violations are listed below. Not Renewing Your License or Certifications 3. 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. 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. Delivered via email so please ensure you enter your email address correctly. 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. Delivered via email so please ensure you enter your email address correctly. 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. 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. There have been several recent cases of nurses taking photographs and videos of patients in compromising positions, recording abuse of patients in nursing homes, and taking embarrassing or degrading photographs and sharing them with friends via social media networks. Looking for a change beyond the bedside? 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. TikTok got me fired: Why was a nurse suspended over her TikToks? 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. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes, except for the initial three digits of a zip code, if according to the current publicly available data from the Bureau of the Census: (1) The geographic unit formed by combining all zip codes with the same three initial digits contains more than 20,000 people; and (2) The initial three digits of a zip code for all such geographic units containing 20,000 or fewer people is changed to 000. 2 Kelly Morris Credit: Instagram Why was a nurse suspended over her TikTok videos? "All my videos are comedy skits. "Everybody knows thats not a joke," she told WXII. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 2. There may be a viable claim, in some cases, under state laws. All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, date of death; and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older.
Nursing Social Media Do's and Don'ts for 2023 Emory Healthcare said in its statement that patients should always feel they are being treated with "care and respect.". Courtesy Marian Weber. I am not sure what hospital administrator would say this wasnt a HIPAA violation. Kelly Morris was suspended from her job at The Citadel Winston Salemnursing home after she posted videos about her patients on her TikTok channel, according to officials. "No one was ever harmed and I treat all my patients with great care and they all love me.". Check out our list of the top non-bedside nursing careers. To be clear, this article is not intended to attack Katie in any way. This was not staged but there are things that happen behind the scenes that explain the situation. Social media can do many wonderful things for nurses. Receive weekly HIPAA news directly via email, HIPAA News
At this point, however, I should probably say was a star, since a recent episode revealed that Katie was fired after posting this photo of a trauma room to her popular Instagram account (thekatieduke). Employers may decide to provide additional training in some cases to ensure the requirements of HIPAA are fully understood. I can understand how someone can be upset but not to the degree they are taking it. However, if the nurse has a long history of accidental HIPAA violations and has been warned previously about their future conduct, the sanction could be a written warning or termination of contract. Examples of HIPAA violations by nurses are difficult to come by on HHS Office for Civil Rights breach report because many HIPAA violations by nurses usually affect fewer than 500 individuals so are not publicly reported. My ick is when you ask me how much the baby weighs and its still in your hands, a second nurse says. But our study also raised important questions about privacy, common. Columbia (where Katie was fired from) is a unionized hospital. "In that video, it . 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. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); Serious violations of HIPAA Rules, even when committed without malicious intent, are likely to result in disciplinary action, including termination and punishment by the board of nursing. People often use keywords like I shouldnt violate HIPPA, but that make the inappropriate material pop up on a search for HIPAA. There are a few frequent fliers on my search lists but their employers obviously arent doing the same searches. We have investigated the situation and taken appropriate actions with the former employees responsible for the video, the company said in an Instagram post.
Politics latest updates: Union leader Pat Cullen says nurses are pushed She has rules for how nurses can keep out of trouble while using social media but also using social media effectively and positively. 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. A NURSE in North Carolina was suspended after allegedly ridiculing and mocking patients - some of whom were critically ill. Knowledge is power, and you need to know what may put your employment at risk. | The firing of a New York City . If you practice medicine you know this.
Nurse fired over coronavirus social media post Steve has developed a deep understanding of regulatory issues surrounding the use of information technology in the healthcare industry and has written hundreds of articles on HIPAA-related topics. In January, a nursing assistant was fired for sharing videos and photos of abuse of a patient with Alzheimers on Snapchat. The likely consequence in this scenario is a warning about using social media in the future.
Its really just sad," the person wrote. Get the latest on all things nursing by joining our email newsletter. With over 128,000 followers as of the writing of this update, she is one of the most popular nurses on Instagram. All other violations of HIPAA are civil offences subject to an employers sanctions policy or sanctions set by HHS Office for Civil Rights. I got a call at the end of my shift telling me I was being let go after seven years in the ER, Duke told ABC News. A HIPAA violation is a felony if it involves the knowing and wrongful acquisition or disclosure of individually identifiable health information under false pretenses or for personal gain, commercial advantage, or malicious intent.
The lines are way too blurry to point fingers. 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. The photo captured a messy but empty trauma room that had been used to treat a man hit by a New York City subway train. Your Privacy Respected Please see HIPAA Journal privacy policy. If any personally identifiable protected health information is posted on social media without consent first being obtained from the patient, it constitutes a violation of the HIPAA Privacy Rule. Business associates of covered entities can also be fined directly for HIPAA violations, but what about individual healthcare workers such as nurses? Without knowing the answers to these questions, it is impossible to discuss potential consequences.
Nurse fired after post on Facebook. - medicalmutual.com If a nursing student violates HIPAA, the consequences can depend on many factors. Due to a high rate of vaccination (94.5%) in Houston, a measles case is very rare. 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. New York Presbyterian declined to comment on Dukes firing or anyone elses involvement. At least 50 employees, including nurses, at Northwestern Memorial Hospital in Chicago, have been fired after allegedly improperly reviewing an actor's medical records, according to NBC Chicago . The firing of a New York City nurse for her social media use has reaffirmed the hazards of healthcare workers bringing their work online, according to ABC News. After Faith Linthicum, RN posted that an unarmed black man shot by police "deserved it," Kaiser Permanente decided to part ways with the nurse. -- 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. The caption is not needed. My night was going great them boom! one post by Samuels read, showing a photo of the newborn taken inside the hospitals newborn intensive care unit. What Does VEAL CHOP Stand For in Nursing? This article contains personal opinions and assumptions based on the facts available to me as of the original publication date. 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. These rules nurses should use while utilizing social media include: Posting patients by name or providing enough information that patients might be identified can get you in a lot of trouble. Shake [it] off, you have 5 more hours.. If you make a mistake own it, learn from it and teach others not to make the same mistake. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); For example, some perceived breaches in client confidentiality are permitted by the HIPAA Privacy Rule and by state privacy laws. I do want to thank you for attempting to bring some balance to the discussion without using it as an opportunity to belittle another nurse. They can include patient errors, HIPAA violations, causing undue risk for an employer, and social media mistakes. Become a Part of the Nurse.org Community! But beyond penalties themselves, remember that you are a representative of your profession.
Nurse Fired After Posting 'Insensitive' Photo on Instagram Most healthcare professionals will be well aware that the posting of any protected health information on a social media website constitutes a HIPAA compliance violation. Sharing protected health information on social media websites should be further explained. For example: Should the nurse have known their actions may have resulted in an accidental disclosure of ePHI?
Florida nurse fired after posting photos of baby born with birth defect Later that day, she was fired from her job at New York Presbyterian Hospital, she said. Remember, nothing can really be deleted.. In New Jersey, Jersey Shore University Medical Center fired nurse Adam Witt on March 31 and barred him from entering the hospital campus after he and others posted in a private Facebook group about their fears of contracting COVID-19. 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. Duke maintains that she did nothing wrong by posting the picture. 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. If not, you wont be able to report a nurse for a HIPAA violation although the nature of the event may qualify as a violation of other laws. But those of us who do have an audience have obligation to lead by example. Its the caption: Man Vs 6 Train. As if the poor soul who encounter that level of trauma was intentionally playing chicken with an oncoming train. Without knowing the answers to these questions, it is impossible to determine who is at fault for the accidental disclosure. Florida sheriff says he would have immediately detained Br Woman has 'loud, full body orgasm' in the middle of LA concert, Biden son arrives for baby mama showdown, lawyer says he's already paid $750K support, Meghan Markle's ailing dad in 'final ever' interview: 'I refuse to be buried by her', Rihanna has secret 3 a.m Met Gala fitting for $25 million in Cartier jewels, Stanley Tucci used feeding tube for 6 months during brutal cancer battle, Ireland Baldwin tricks Paris Hilton, Hilary Duff and more stars into thinking she gave birth, NY Post Sports Reporter Zach Braziller breaks down the Knicks game 1 loss to the Heat, Elon Musk Tells Bill Maher Woke Mind Virus Is Dangerous On Real Time, Scott Disick steps out in NYC with Penelope, North West ahead of Met Gala. Every profession, including nursing, features aspects we find unpleasant, and its normal to manufacture your own grievances. Come chat about it with Dr. Richard Besser, ABC News chief health and medical correspondent as well as the stars and producers of New York Med. Save my name, email, and website in this browser for the next time I comment.
Firing for Online Behavior - SHRM Im not a HIPAA expert by any means, but I thought it was more than insensitive IMO it was a HIPAA violation. Think of all the the nurses she could prevent from being fired. Thanks for contacting us. The nurse also made anti-vaccine comments . HITECH News
We can all learn from her mistake and her perseverance. However, as this incident shows, the patient does not need to be mentioned by name in order for them to potentially be identified. However, these same sites have been used inappropriately by nurses who have found themselves in significant legal problems both for the organizations in which they work, but also for their own registered nurse licensure. Is Katie Duke a good nurse? Katie Duke, a nurse propelled to fame by popular reality show NY Med, was fired for social media. possible. There are many examples of HIPAA violations in nursing homes thanks to areportproduced by ProPublica in 2017. Morris told the TV station that she believes this is an example of "cancel culture" and she feels the people targeting her do not understand her sense of humor. If reporting the event to a Privacy Officer, the event will be dealt with internally. Duke claims she was told by her supervisor that she had not breached hospital policy or violated the Health Insurance Portability and Accountability Act, a law known as HIPAA that protects patient privacy. Brittney Wilson, RN, BSN, also known as The Nerdy Nurse, is an award-winning author and national speaker on social media issues, bullying, and informatics. Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. It can be used to hold people to account for discriminatory views, comments or actions. For an optimal experience visit our site on another browser. In many cases, minor violations of HIPAA Rules may not have negative consequences and can be dealt with internally. learn from my mistake.. There have been several recent cases of nurses taking photographs and videos of patients in compromising positions, recording abuse of patients in nursing homes, and taking embarrassing or degrading photographs and sharing them with friends via social media networks. 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. Criminal prosecutions are rare, although theft of PHI for financial gain is likely to result in up to 10 years in jail. We as licensed healthcare professionals are held to a higher standard by licensure and ethical / legal standards such as HIPAA. 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). The bombs people drop on social media can detonate right away or lurk like hidden land mines. Just wanted you to know, I saw an episode of NY Med that showed this story at the time she was fired. Nurse Katie Duke has been featured on two seasons of the reality medical drama, "New York Med. Perhaps I can clarify a little. 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. The Nerdy Nurse is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking toAmazon.com. In response to the rightful outrage from social-media users, the Atlanta hospital fired the four nurses over the weekend for, it said, filming a TikTok video that included disrespectful and unprofessional comments about maternity patients at Emory University Hospital Midtown.. Officials at the Jackson Memorial Hospital in. byCarlton G. Brown, PhD, RN, AOCN, NEA-BC, FAAN. 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. Cancel Any Time. An attorney told WFOR last month that Samuels not only breached the newborns privacy, but also violated the Health Insurance Portability and Accountability Act.
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