Her employers agreed with that stance. 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. What Happens if a Nurse Violates HIPAA? Updated for 2023 A nurse can be held responsible for a HIPAA violation if the non-compliant event occurs frequently in the nursing unit. 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. 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. Your Privacy Respected Please see HIPAA Journal privacy policy. The egotistical monsters we complain about exist because weve encouraged these people to incubate in an algorithmically curated narcissism ecosystem. At this point, most hospitals have a social media policy. 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. 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. 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. Thanks for the follow up. 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. Katie Duke, who has a massive following on Twitter and Instagram, is one of the stars of the ABC hit NY Med. Minyvonne Burkeis a senior breaking news reporter for NBC News. equally, but do you know which nurses are making the most money in 2023? What was the impact of the accidental disclosure? 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. The nurse also made anti-vaccine comments . I felt so bad for her, but she should have known better.. ! Social Media Misconduct 5. 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. 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. She is known to be difficult. Emory Healthcare did not immediately return a request for comment on Saturday. Its not some dramatic social media driven statement to evoke anything. 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. 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. 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. Nurses like this stain the honorable image of the profession that nurses like my mother helped to shape. "Everybody knows thats not a joke," she told WXII. Whether this has to do with physician-privilege or the comments on the photo is an unknow, but its worth mentioning. These health care workers say they were fired after raising - NBC News It can help nurses to better understand employers HIPAA policies by taking advantage of an onlineHIPAA training course, especially modular courses that can be taken in small sections. You know all nursing jobs arent created (or paid!) My response to that is that last time I looked, the media was in a different business. The report concerns more than fifty events in which patient privacy was violated in nursing homes and assisted living facilities; and although not every event qualified as a HIPAA violation, the report shows the scale of violations and the penalties for those who committed them. 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. 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. It's especially true for nursing students who use social media who may not know HIPAA regulations as well as seasoned nurses. 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. Regulatory Changes 2. 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. 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. Subscribe to our newsletter to be the first to know about our daily giveaways from shoes to Patagonia gear, FIGS scrubs, cash, and more! In case you missed it, an emergency room (ER) nurse in New York was fired after posting a photo of an empty trauma room after clinicians saved the life of a man hit by a subway train. Your email address will not be published. Sharing protected health information on social media websites should be further explained. Can You Get an Associate Degree in Nursing Online? Brittney is the author of, Interviews and Press, Awards and Mentions. Katie Duke, a nurse propelled to fame by popular reality show NY Med, was fired for social media. 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. She explained that it was a rough experience seeing the boy suffering from the disease. 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. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); Because none of us are perfect. 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. I was told I was being fired for being insensitive, she said. 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. 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. The failure to report a minor violation could have major consequences. 10 Reasons Nurses Get Fired From Their Job - Nurse Money Talk 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. Receive weekly HIPAA news directly via email, HIPAA News It was the caption, which was very insensitive. Florida nurse fired after posting social media photos of newborn baby I am not a nurse. 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. I did see the episode and was totally shocked when she was fired. A NURSE in North Carolina was suspended after allegedly ridiculing and mocking patients - some of whom were critically ill. Rather than continually refuting any wrong-doing in the situation, I would have liked to see her say You know what, this is what nurses should do in this situation. Nurse's firing highlights importance of social media discretion In a recent case, OB nurses from Emory got fired for sharing their patient "icks" on social media. Nurse fired from Sinai Grace for online post, her attorney says she was canned for union organizing. Looking for a change beyond the bedside? Reasons Nurses Get Fired 1. In addition to the general HIPAA violation that wed be looking at here, theres a sense of decency about the rights and expectations we all have in our likenesses and our images, Miami attorney David Weinstein told the station. 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. The nurse, Kelly Morris, said the social media videos in question were just jokes. "In that video, it . Termination for a HIPAA violation does not just mean loss of current employment and benefits. 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. Perhaps I can clarify a little. 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. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); 7 Tips for Using Social Media as a Nursing Professional You can read it in the stills. 6 Reasons Nurses Get Fired: Social Media Mistakes, and More With images, you have a certain expectation of privacy that if youre in an area that youre in an area that you believe to be private and in this case a hospital, even more so.. Later that day, she was fired from her job at New York Presbyterian Hospital, she said. My ick is when you ask me how much the baby weighs and its still in your hands, a second nurse says. 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. Marian Weber, a travel nurse in Alaska, said the not-for-profit PeaceHealth rescinded her contract after she raised a concern about patient safety. Whitley Patterson, whose mother passed away at the nursing home, said she does not buy Morris' explanation. Her social media mishap can (and should) be a powerful tool that nurse educators, bloggers, and others can use to show how a simple oversight in your online activity can have a damaging impact on an individual nursing career and potentially the nursing profession as a whole. The Social Media Trap - Working Nurse Content on this site is for entertainment purposes and does not constitute medical advice. 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. 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. Katie Duke is a passionate nurse who has strong opinions and will no doubt find another job and have continued success. 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. 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. Follow us and never miss out on the best in nursing news. 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. That means that you can trust us to have reliable, up-to-date information 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. Author: Steve Alder is the editor-in-chief of HIPAA Journal. Curious to see where she takes it? 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. Even famous nurses make mistakes on social media. Polish nurse Renata Pizanowska was. Bidens return to normalcy brought us crazy instea Hunter Biden may be held accountable for first time in his life in baby mama Lunden Roberts' case, Broadway's 'New York, New York' sticks the landing with a thrilling finale, Dems do Dianne Feinstein dirty, but have not done the same to Biden yet, Woman has 'loud, full body orgasm' in the middle of LA concert, Meghan Markle's ailing dad says he refuses 'to be buried by her' in 'final ever' interview, $76K NJ boarding school admits falling 'tragically short' in protecting teen who killed self after bullying, 'rapist' taunts, Kim Kardashian seemingly shades Kourtney's wedding in now-deleted caption. 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. After receiving the suspension, the nurse appeared to realize that she had shared too much information and deleted several of her posts. The nurses fired for mocking patients on TikTok exemplify our culture Was the nursing student accompanied by a preceptor or supervisor who should have prevented the HIPAA violation? Nursing Social Media Do's and Don'ts for 2023 We strive to be the Again not an expert on HIPAA by any means but from all my years of experience and training thats how I see it. Further information on the penalties for HIPAA violations are detailed here. She has launched social media training programs, nurse travel and excursion, her very own scrub line, and a wildly popular podcast. 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. It bothered me that she was fired for re-tweeting the image that was originally posted by a doctor a doctor who works for the same hospital. Was the technical safeguard an addressable or required safeguard? You can read more about accidental HIPAA violations here. The caption is not needed. Would you know how to handle a trip to the emergency room? 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. Required fields are marked *. Thanks for contacting us. New York Presbyterian declined to comment on Dukes firing or anyone elses involvement. In January, a nursing assistant was fired for sharing videos and photos of abuse of a patient with Alzheimers on Snapchat. Receive weekly HIPAA news directly via email, HIPAA 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. Due to the information contained in the posts and the rarity of the disease, it is possible that the child could have been identified. We've received your submission. This is not an opinion all nurses share, but clearly Katie being fired for it shows that hospital administrators largely share my professional opinion. 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. Politics latest updates: Union leader Pat Cullen says nurses are pushed If you want to play you need to play with some children. 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. All rights reserved. Youll be the first to know about nursing news, trending topics and educational resources. 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. 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. 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). Who really gets fired over social media posts? We studied hundreds of I sincerely wish that Katie had used this opportunity as a teachable moment. Turn on desktop notifications for breaking stories about interest? In that case it involved the sharing of photographs of patients on Snapchat. Top 6 Reasons Nurses Get Fired 1. Duke also claims that the photo was not even hers, but rather reposted from a doctors Instagram page. Learn how your comment data is processed. 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. 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. He is a specialist on healthcare industry legal and regulatory affairs, and has several years of experience writing about HIPAA and other related legal topics. This time it looks like she didnt exercise the best judgment when it comes to using social media as a healthcare professional and has consequently been forced to deal with her own inappropriate actions. Not all of these events qualify as HIPAA violations by nurses (in some cases because the nursing home was not a HIPAA Covered Entity), but they demonstrate the scale of violations that are not often brought to public attention. The lines are way too blurry to point fingers. Ms N could not get the toddler off her mind after she arrived home from. Is she a bad nurse? No nurse is immune to penalties resulting from inappropriate social media sharing. What Does VEAL CHOP Stand For in Nursing? ", 2020 THE SUN, US, INC. ALL RIGHTS RESERVED | TERMS OF USE | PRIVACY | YOUR AD CHOICES | SITEMAP.
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