Morris was suspended from her job as a nurse. I felt so bad for her, but she should have known better.. ! A criminal complaint was filed and the nursing assistant faces up to three and a half years in jail if convicted. I have a whole file for training. }); Show Your Employer You Have Completed The Best HIPAA Compliance Training Available With ComplianceJunctions Certificate Of Completion, ArcTitan is a comprehensive email archiving solution designed to comply with HIPAA regulations, Arrange a demo to see ArcTitans user-friendly interface and how easy it is to implement, Find Out With Our Free HIPAA Compliance Checklist, Quickly Identify Potential Risks & Vulnerabilities In Your HIPAA Compliance, Avoid HIPAA Compliance Violations Due To Social Media Misuse, penalties for HIPAA violations are detailed here, violating the HIPAA minimum necessary standard, Reader Offer: Free Annual HIPAA Risk Assessment, Video: Why HIPAA Compliance is Important for Healthcare Professionals, Accessing the PHI of patients you are not required to treat, Gossiping Talking about specific patients and disclosing their health information to family, friends & colleagues, Disclosing PHI to anyone not authorized to receive the information, Improper disposal of PHI Discarding protected health information with regular trash, Leaving PHI in a location where it can be accessed by unauthorized individuals, Using the credentials of another employee to access EMRs/Sharing login credentials, Sharing PHI on social media networks (See below). 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). Brittney Wilson, BSN, RN, a bachelors-prepared registered nurse, is the founder and owner of The Nerdy Nurse and TheNerdyNurse.com. 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. 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. She reportedly created a GoFundMe page titled "TikTok Got me Fired," but explains that she was suspended from her job. Oh, I dont recall them elaborating on that during the show. In some cases, the disclosure may also be reported to law enforcement agencies. Social Media Misconduct 5. Get the latest on all things nursing by joining our email newsletter. Was the technical safeguard an addressable or required safeguard? Take the 2014 case of an RN in New York City who was fired by her employer for posting a picture on Instagram depicting a chaotic emergency room following the care of a man who was hit by a subway train. HITECH News Get a . Download PDF. Well be joined by emergency medicine professionals from all over the country who will offer their ideas about how to handle yourself in a medical emergency. 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. She has such a huge audience and so many nurses that look up to her. 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. The thirst for social-media attention is generally accompanied by a mentality that rationalizes its acceptable to hydrate the ego at any cost, cheapening the value of decency, decorum and professionalism. The nurse was not fired by her employer for a HIPAA violation or break in hospital policy. Thanks for contacting us. Would you know how to handle a trip to the emergency room? And even if they were, are Katies posts protected by the waivers the producers of NY Med no doubt have patients sign? Marian Weber, a travel nurse in Alaska, said the not-for-profit PeaceHealth rescinded her contract after she raised a concern about patient safety. Required fields are marked *. 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.. In January, a nursing assistant was fired for sharing videos and photos of abuse of a patient with Alzheimers on Snapchat. Author: Steve Alder is the editor-in-chief of HIPAA Journal. Making Too Many Mistakes 8. A good rule of thumb is to keep work and private lives separate, and never to post any information about patients on a social media platform, even if you do not think that a patient could be identified from the post. Every profession, including nursing, features aspects we find unpleasant, and its normal to manufacture your own grievances. Your intestines posed to be inside not outside baby! Samuels sickening post read, WSVN reported last month. 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. All and all, Id say Katie Duke used her social media mistake to make lemonades out of some very sour lemons. 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. Your email address will not be published. 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. 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. 2. 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. BREAKING:U.S. military is tracking another mysterious balloon that flew over parts of Hawaii. Social Media Post Prompts Firing Ann W. Latner, JD An RN's post online violates a patient's privacy, and she is fired. 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. An attorney told WFOR last month that Samuels not only breached the newborns privacy, but also violated the Health Insurance Portability and Accountability Act. When shortcuts develop into a cultural norm, HIPAA violations can occur frequently without them being recognized as HIPAA violations. 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. My ick is when you ask me how much the baby weighs and its still in your hands, a second nurse says. jQuery( document ).ready(function($) { But those of us who do have an audience have obligation to lead by example. If a nursing student violates HIPAA, the consequences can depend on many factors. Nurses are under intense pressure to work as efficiently as possible; and, due to this pressure, there may be times when shortcuts are taken with HIPAA compliance in order to get the job done. Yesterday, a nurse employed with Salem Health posted a video on social media which displayed cavalier disregard for the seriousness of this pandemic and her indifference towards physical. The caption is not needed. A malicious disclosure of PHI on social media is likely to be considered gross misconduct in which scenario the penalty will likely be termination of contract and referral to the nurses licensing authority. She moved to New York and made something of herself. There may be a viable claim, in some cases, under state laws. Brittney is the author of, Interviews and Press, Awards and Mentions. I sincerely wish that Katie had used this opportunity as a teachable moment. Reasons Nurses Get Fired 1. In some cases, someone is terminated from a current job for recent problematic posts. This further suggests that the social media mishap was planned. If you want to support this channel, please visit the following sites below: Cash app: https://cash.me/$Dawson305Paypal Donation Link:https://www.paypal.com. Even Katie has used social media to catapult herself as a personal brand and grow a huge following online. Our culture of narcissism has no occupational boundaries, and the honorable position of being a nurse has been tainted over the past couple of years by the public indecency of the narcissistic monsters within the profession. Katie Duke's story spotlights the hazards of social media in hospitals. Perhaps the discussion should not be about why she is a villain or a hero and should focus instead on how the behavior of nurses can have repercussions that reach beyond the expected and that professionalism is not just a quality to be valued only when at work. 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Unless prior authorization has been received from a patient, in writing, nurses should avoid sharing photographs and videos of patients (or any PHI) on social media sites. Cancel Any Time. 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. 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). It is illegal and fineable for nurses and other healthcare professionals to purposely or accidentally release information about patients. No nurse is immune to penalties resulting from inappropriate social media sharing. 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. A nurse at Jackson Memorial Hospital in Miami was fired after posting photos of a baby born with a birth defect over social media in early September, according to multiple local media . Nurse Katie Duke was fired from a New York City hospital for sending this photo out on Instagram. 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. 0:34. Your Privacy Respected Please see HIPAA Journal privacy policy. Where the HIPAA violation represents gross misconduct with serious consequences for either a patient or an employer, a nurse could also be reported to their licensing board; while a criminal violation (under 1177 of the Social Security Act) will likely be referred to law enforcement. At nurse.org, we believe that no one knows nurses better than, well, nurses. Sounds like a huge setup to me. IE 11 is not supported. 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. HIPAA Violations 4. 35 separate cases were uncovered. Marian Weber says she . As unfortunate that is is that Katie was fired over the incident, there is a silver lining here. All rights reserved. In the same way that you should not disclose information about your patients, nurses should take care not to post their personal information. 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. Find all that an more with the FreshRN VIP - Membership. I am not sure what hospital administrator would say this wasnt a HIPAA violation. 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. This would explain why the MD did not get fired for posting the same photo (without patient identifiers) but Katie did. Breach News possible. "Everybody knows thats not a joke," she told WXII. The failure to report a minor violation could have major consequences. They all sound like HIPAA violations to me. We now, however, have in some hospitals a generation of nurses who discard normal ethical nursing behavior to chase after adulation from strangers. Nurses are in the compassion industry, and their decision to record, verbalize and publish their grievances publicly portrays compassionless behavior we should not reward or excuse. How you report a nurse for a HIPAA violation depends on if you are a patient (or family member of a patient) or a colleague of the nurse. While all HIPAA violations can potentially result in disciplinary action, most employers would accept that accidental violations are bound to occur from time to time. Become a Part of the Nurse.org Community! The list of possible HIPAA violations by nurses is long, although the most common nurse HIPAA violations are listed below. Samuels, who posted several other photos of herself on the job, was placed on administrative leave last month after the photos surfaced. Duke is certainly not the first medical professional to get herself into trouble on social media. Had the nursing student been given a copy of the Covered Entitys sanctions policy? The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. 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. 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. Emory Healthcare did not immediately return a request for comment on Saturday. 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. 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. Author: Steve Alder is the editor-in-chief of HIPAA Journal. Again not an expert on HIPAA by any means but from all my years of experience and training thats how I see it. What was the impact of the accidental disclosure? 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. Its the unlimited trips to the nursing station for me, said another bemoaning nurse. Nurse fired from Sinai Grace for online post, her attorney says she was canned for union organizing. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) gives patients rights over their health information and sets rules and limits on who can look at and receive patients health information. Your Privacy Respected Please see HIPAA Journal privacy policy. A nurse can talk about a patient provided that any individually identifiable health information disclosed about the patient is allowed by the Privacy Rule and that only the minimum necessary health information is disclosed. But our study also raised important questions about privacy, common. 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. Without knowing the answers to these questions, it is impossible to discuss potential consequences. I know this is old but I just saw this episode and if you seen the very beginning of the show it had Katie Duke saying she would never want to work at another ERand then by the end of the show she was fired. I dont like to focus on the negative aspects of social media for nurses, but this Katie Duke is one example is being highly publicized and merits a response. Delivered via email so please ensure you enter your email address correctly. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. The HIPAA Privacy Rule places restrictions on the allowable uses and disclosures of protected health information. It is highly likely that a strong case had already been mounted against Katie for her to be fired. 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. All links on this site may be affiliate links and should be considered as such. 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. 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. It came when emergency room nurse Katie Duke was fired for posting a photo to Instagram. "My ick is. This really makes me think it was a complete set up. There is no best training course on HIPAA for nurses because nurses compliance with HIPAA is subject to their employers HIPAA policies rather than the text of the Administrative Simplification provisions. In today's society, social media is at everyone's fingertips via a smartphone or iPad. Nurse Katie Duke has been featured on two seasons of the reality medical drama, "New York Med. If health information is not acquired or disclosed under false pretenses and/or for personal gain, the offense is punished as a misdemeanor. TikTok got me fired: Why was a nurse suspended over her TikToks? jQuery( document ).ready(function($) { Yet, the consequences of a violation of patient privacy or insensitivity to an employer or co-workers are very real and even detrimental to offending nurses both financially and for their licensure. If you are a patient (or family member), the first thing to find out is if the nurses employer is a HIPAA Covered Entity. Duke posted the photo with the caption #Man vs 6 train., Join Today's Emergency Medicine Tweet Chat Today at 1 PM, ET, Chicago Doctor Accused of Posting Photos of Intoxicated Patient on Social Media, Push to Get Experimental Drugs With Social Media Pressure on the Rise. HIPAA Advice, Email Never Shared See our disclaimer for more information. The childs mother had been notified of the privacy breach, hospital officials told WFOR. For an optimal experience visit our site on another browser. Shake [it] off, you have 5 more hours.. Emory Healthcare said the video of the now former nurses was disrespectful and unprofessional, and does not represent our commitment to patient-family-centered care.. Termination for a HIPAA violation does not just mean loss of current employment and benefits. Save my name, email, and website in this browser for the next time I comment. HIPAA-covered entities are unlikely to recruit a nurse that has previously been fired for violating HIPAA Rules. Just wanted you to know, I saw an episode of NY Med that showed this story at the time she was fired. Your email address will not be published. 2023 NYP Holdings, Inc. All Rights Reserved, I tried to shoot a day-in-the-life TikTok and accidentally filmed myself getting fired, Don Lemons fiery exchange with GOP candidate left CNN leaders exasperated, As public radio becomes stridently left-wing, its time to defund NPR, IRSto spend $80B to hire 30,000 new employees, boost audits on wealthy. It highlights just how easy for nurses to make an error that could cause them to lose their job. Quite a few nurses have been disciplined or fired for inappropriate social media posts, with some cases even making the national news. . Her employers agreed with that stance. 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. learn from my mistake.. — -- 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. 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. Every grievance, no matter how small or destructive, is considered permissible within our culture of narcissism and it has a convenient shield from criticisms because weve pedestalized self-expression over self-respect. 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. You can read more about accidental HIPAA violations here. But the lack of professionalism and empathy these nurses expressed to publicly mock their patients is inexcusable their terminations were warranted. Where new information has been made available, I have provided updates and clarification. Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. My ick is when you come in for your induction, talking about, Can I take a shower and eat? one nurse says. 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. equally, but do you know which nurses are making the most money in 2023? This article contains personal opinions and assumptions based on the facts available to me as of the original publication date. The National Council of State Boards of Nursing (NCSBN) has released a useful guide for nurses on the use of social media (on this link). that's continuously reviewed to ensure its as relevant and accurate as Business associates of covered entities can also be fined directly for HIPAA violations, but what about individual healthcare workers such as nurses? 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. For example: Should the nurse have known their actions may have resulted in an accidental disclosure of ePHI?
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