I rarely heard her complain even in private, and she had a love for the profession and her patients. A nurse can be held responsible for a HIPAA violation if the non-compliant event occurs frequently in the nursing unit. Sign up to receive the latest nursing news and exclusive offers. Nurses like this stain the honorable image of the profession that nurses like my mother helped to shape. 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. Due to the information contained in the posts and the rarity of the disease, it is possible that the child could have been identified. A second photo posted by Samuels showed the newborn again and had a hashtag citing the childs birth defect: gastroschisis, where a babys intestines are found outside of the body, exiting through a hole beside the belly button. 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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. Download PDF. An attorney told WFOR last month that Samuels not only breached the newborns privacy, but also violated the Health Insurance Portability and Accountability Act. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); Katie Duke's story spotlights the hazards of social media in hospitals. Ridiculous: Oregon Nurse Loses Job Over Social Media Post That Doesn't 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. Heres how to stay out of hot water when sharing about your career on your favorite social platform. 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. In my humble opinion, this type of social media is insensitive and inappropriate. I can understand how someone can be upset but not to the degree they are taking it. ", Do Not Sell or Share My Personal Information. TikTok got me fired: Why was a nurse suspended over her TikToks? The nurse also made anti-vaccine comments . Due to a high rate of vaccination (94.5%) in Houston, a measles case is very rare. She took her loss and won! By consuming any of our content, you agree that you will hold us harmless for actions you made as the result of the data. A NURSE in North Carolina was suspended after allegedly ridiculing and mocking patients - some of whom were critically ill. 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. This story has been shared 679,840 times. 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. Required fields are marked *. HITECH News Nurses often use social media platforms to discuss issues around patients, healthcare, and to promote their own profession. Never Disclose Your Personal Information. }); 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, 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. that's continuously reviewed to ensure its as relevant and accurate as @NurseBecca thank you so much for your comment Becca. 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. If you want to play you need to play with some children. Receive weekly HIPAA news directly via email, HIPAA News The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. Is she a bad nurse? 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. What Does VEAL CHOP Stand For in Nursing? Check out our list of the top non-bedside nursing careers. 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. ", "Be assured we have handled the situation and reported her actions to all appropriate state and federal agencies.". 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. Oregon nurse loses job with Salem Health after TikTok video flouting 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. When you couldnt visit your sick loved one in the hospital, they were practicing their dance moves because an endorphin hit matters more to a narcissistic monster than showing empathy for your personal sorrows. The nurse, Kelly Morris, said the social media videos in question were just jokes. Curious to see where she takes it? 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. 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. Subscribe to our newsletter to be the first to know about our daily giveaways from shoes to Patagonia gear, FIGS scrubs, cash, and more! 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. Get a . Making Too Many Mistakes 8. Ooooh I saw this episode! 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 with an abdominal wall birth defect were posted to her Instagram account, WSVN reported. Not Renewing Your License or Certifications 3. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Remember, nothing can really be deleted.. 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. Social Media Post Prompts Firing - Clinical Advisor 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 . Your Privacy Respected Please see HIPAA Journal privacy policy. The HIPAA Privacy Rule places restrictions on the allowable uses and disclosures of protected health information. Even Katie has used social media to catapult herself as a personal brand and grow a huge following online. 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. Employees who violate these privacy rules, despite being educated, are subject to disciplinary action included suspension or termination, hospital officials told WFOR. 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. Over the last several years, the world has witnessed the explosion of social media and other electronic communication like Facebook, Twitter, Pinterest, and Instagram. Was the nursing student accompanied by a preceptor or supervisor who should have prevented the HIPAA violation? 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. But beyond penalties themselves, remember that you are a representative of your profession. She reportedly created a GoFundMe page titled "TikTok Got me Fired," but explains that she was suspended from her job. 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. Nurses sacked after posting pictures of themselves online wearing Author: Steve Alder is the editor-in-chief of HIPAA Journal. HIPAA Advice, Email Never Shared Can You Get an Associate Degree in Nursing Online? The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. Its not the photo, in my humble opinion, thats the real issue. Looking for a change beyond the bedside? But those of us who do have an audience have obligation to lead by example. What I do know is that she made a choice and has experienced the consequences of that choice. In fact, it is my understanding is that a physician shared the same photo without the caption and didnt lose his job or receive a known reprimand. She did get a new job at another local ER. Im not a HIPAA expert by any means, but I thought it was more than insensitive IMO it was a HIPAA violation. Become a Part of the Nurse.org Community! I could see having to go to a social media sensitivity class or something, but I sympathized in shock and my heart went out to her. "In that video, it . Emory Healthcare said in its statement that patients should always feel they are being treated with "care and respect.". 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. 6 Reasons Nurses Get Fired: Social Media Mistakes, and More It is near impossible to fire a nurse from a unionized hospital in New York. 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. 2. The failure to comply with HIPAA Rules can result in significant penalties for HIPAA covered entities. . Katie Duke, a nurse propelled to fame by popular reality show NY Med, was fired for social media. Nicole Acevedo. Duke is certainly not the first medical professional to get herself into trouble on social media. "My ick is. Follow him on Substack: adambcoleman.substack.com. This story has been shared 542,106 times. For example: Had the nursing student received adequate training before being exposed to PHI/ePHI? She has launched social media training programs, nurse travel and excursion, her very own scrub line, and a wildly popular podcast. 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. Brittney is the author of, Interviews and Press, Awards and Mentions. 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. 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. The same applies to sharing PHI including photographs and videos of patients via messaging apps such as WhatsApp, Skype, and Facebook Messenger. 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. Author: Steve Alder is the editor-in-chief of HIPAA Journal. 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. However, as this incident shows, the patient does not need to be mentioned by name in order for them to potentially be identified. For example, some perceived breaches in client confidentiality are permitted by the HIPAA Privacy Rule and by state privacy laws. One Instagram user said the video just showed everyone where NOT to go," while another person said that childbirth is one of the most vulnerable times for a woman. 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. Four days after the nurse was suspended the decision was taken to fire her for the HIPAA violation. Copyright 2014-2023 HIPAA Journal. 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. HITECH News We as licensed healthcare professionals are held to a higher standard by licensure and ethical / legal standards such as HIPAA. Nurses who accidentally release patient information can be fined anywhere from $100 to $50,000 civil fine. 7 Tips for Using Social Media as a Nursing Professional Your first year as a nurse is daunting. 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. You know all nursing jobs arent created (or paid!) Is it a possibility it was staged? "All my videos are comedy skits. The nurse was not fired by her employer for a HIPAA violation or break in hospital policy. 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. 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. 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. 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. In the video, another nurse says her "ick" is when the mother says she doesnt want pain medication but you are at an eight out of 10 pain. Another nurse says: "The dad comes outside and asks for a paternity test right outside the room door., One of the nurses talks about family members coming up to the nurse's station every five minutes and the father going room to room between one baby mama and your other baby mama., Emory Healthcare said the video was "disrespectful and unprofessional," and does not "represent our commitment to patient-family-centered care.". Additionally, if the violation has serious consequences for either a patient or an employer, the case could be referred to a licensing board; while, if the accidental HIPAA violation is considered a criminal act, the nurse could be reported to law enforcement. Hospital officials cited patient privacy as a top priority while saying the blatant breach would be investigated. In that case it involved the sharing of photographs of patients on Snapchat. 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. 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. She explained that it was a rough experience seeing the boy suffering from the disease. FL Nurse Fired for posting patients Photos on Social Media 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. In many instances, nurses make HIPAA violations or even post insensitive comments about a patient, hospital, or situation innocently. Was this patient in an episode? 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. Thanks for the follow up. man vs 6 train. We can all learn from her mistake and her perseverance. Nurse fired after post on Facebook. - medicalmutual.com That is how it is said. Politics latest updates: Union leader Pat Cullen says nurses are pushed As a nurse, it's important to know what you can and cannot post on social media. She was swimming in muddy waters. Ms N could not get the toddler off her mind after she arrived home from. 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. Was the technical safeguard an addressable or required safeguard? At HIMSS 2017, the former deputy director of health information privacy at the HHS Office for Civil Rights (OCR) explained that OCR plans to issue guidance on HIPAA and social media and what is and is not acceptable. "No one was ever harmed and I treat all my patients with great care and they all love me.". I do not know. Its really just sad," the person wrote. 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. Since, she is working at a new facility and being filmed there? 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. Complaints about HIPAA violations submitted to the Office for Civil Rights can be referred to the Department of Justice to pursue criminal penalties, including fines and imprisonment. HIPAA Journal's goal is to assist HIPAA-covered entities achieve and maintain compliance with state and federal regulations governing the use, storage and disclosure of PHI and PII. 10 Reasons Nurses Get Fired From Their Job - Nurse Money Talk 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. BREAKING:U.S. military is tracking another mysterious balloon that flew over parts of Hawaii. And even if they were, are Katies posts protected by the waivers the producers of NY Med no doubt have patients sign? I can think of at least two potential HIPAA violations: The fact that this drama all plays out on a reality show where patients and healthcare professionals are filmed does muddy the waters a bit. Just admit you made a mistake and move on. What happens if a nurse violates HIPAA compliance rules?