Regulatory Changes A nurses viral TikTok video did exactly this as she recorded herself melodramatically acting shaken with the caption Lost a patient today. Your email address will not be published. The childs mother had been notified of the privacy breach, hospital officials told WFOR. 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. The doctor who also works for the hospital was not reprimanded, she said. Delivered via email so please ensure you enter your email address correctly. Not even nurses who are constantly held on a higher pedestal than others. 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. Duke posted the photo with the caption "#Man vs 6 train." Join Today's Emergency Medicine Tweet Chat Today at 1 PM, ET We strive for accuracy, but cannot be held responsible for the current validity of data as best practices are ever-changing. I rarely heard her complain even in private, and she had a love for the profession and her patients. 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. 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. Polish nurse Renata Pizanowska was. 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. If a nurse breaches confidentiality for a purpose not permitted by HIPAA, the consequences can depend on whether the breach was well-meaning (i.e., in celebration of a patients recovery) or malicious (i.e., to demean a patient). 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. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. Quite a few nurses have been disciplined or fired for inappropriate social media posts, with some cases even making the national news. They can include patient errors, HIPAA violations, causing undue risk for an employer, and social media mistakes. It is near impossible to fire a nurse from a unionized hospital in New York. 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. 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. Check out our list of the top non-bedside nursing careers. These health care workers say they were fired after raising - NBC News Firing for Online Behavior - SHRM Oh, I dont recall them elaborating on that during the show. The nurses fired for mocking patients on TikTok exemplify our culture Nurse who 'vented' online found guilty of professional misconduct 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. 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). "If you want to play, thats not the profession or the field you need to play in. 10 Reasons Nurses Get Fired From Their Job - Nurse Money Talk 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. Content on this site is for entertainment purposes and does not constitute medical advice. 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. 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. 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.. The nurses at Emory University Hospital Midtown were participating in a popular trend where users share their "icks" or turnoffs about a person. HIPAA-covered entities are unlikely to recruit a nurse that has previously been fired for violating HIPAA Rules. 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. 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. Four labor and delivery nurses at an Atlanta hospital came under fire over a TikTok video in which they shared the things that annoy them about expecting mothers and their families. Again not an expert on HIPAA by any means but from all my years of experience and training thats how I see it. 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. That's why we rely on registered nurses and other experienced healthcare Follow us and never miss out on the best in nursing news. The lines are way too blurry to point fingers. If you are a patient (or family member), the first thing to find out is if the nurses employer is a HIPAA Covered Entity. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Thanks for contacting us. I can understand how someone can be upset but not to the degree they are taking it. 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. Texas Childrens Hospital suspended the nurse when officials found out about her social media posts and an investigation was launched. Duke is certainly not the first medical professional to get herself into trouble on social media. Over the last several years, the world has witnessed the explosion of social media and other electronic communication like Facebook, Twitter, Pinterest, and Instagram. 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. What Happens if a Nurse Violates HIPAA? Updated for 2023 She reportedly created a GoFundMe page titled "TikTok Got me Fired," but explains that she was suspended from her job. If made aware of a breach in client confidentiality, the actions a charge nurse should take depend on the nature of the breach. It is illegal and fineable for nurses and other healthcare professionals to purposely or accidentally release information about patients. 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. 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. Nurse Katie Duke has been featured on two seasons of the reality medical drama, "New York Med. Nurses sacked after posting pictures of themselves online wearing 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. All and all, Id say Katie Duke used her social media mistake to make lemonades out of some very sour lemons. 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. | The firing of a New York City . Cancel Any Time. It actually filmed her there. When Emory found out about the viral videos mocking patients, they quickly fired the nurses who were involved. Curious to see where she takes it? 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. 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. Thanks for contacting us. Social Media Post Prompts Firing - Clinical Advisor Reasons Nurses Get Fired 1. TikTok got me fired: Why was a nurse suspended over her TikToks? Ms Cullen says it is "clear there will be an impact" by the strikes but "it is an impact that can be stopped by the . 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. Your email address will not be published. Looking for a change beyond the bedside? I have a whole file for training. Had the actions been covered in security and awareness training? Nurses at Atlanta hospital under fire over TikTok video mocking Katie Duke is a passionate nurse who has strong opinions and will no doubt find another job and have continued success. 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. Accordius Health, the nursing home's parent company, said in a statement that "misuse and unprofessional use of social media platforms by employees violates our core values and is not tolerated. 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In today's society, social media is at everyone's fingertips via a smartphone or iPad. }); 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. My ick is when you come in for your induction, talking about, Can I take a shower and eat? one nurse says. 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. 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. The caption is not needed. Every profession, including nursing, features aspects we find unpleasant, and its normal to manufacture your own grievances. Receive weekly HIPAA news directly via email, HIPAA News We as licensed healthcare professionals are held to a higher standard by licensure and ethical / legal standards such as HIPAA. A single Google search for Nurse fired for social media will yield plenty of results. Nurses who accidentally release patient information can be fined anywhere from $100 to $50,000 civil fine. 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. ", "Be assured we have handled the situation and reported her actions to all appropriate state and federal agencies.". The Highest Paying Jobs For Nurses With a BSN, Types of Masters in Nursing Degrees & Specialties, Pros & Cons of Getting a Master's Degree in Nursing, Nurse Practitioner vs Physician Assistant, Highest Paid Nurse Practitioner Specialties, How to Conduct a Nursing Head-to-Toe Assessment, How to Read an Electrocardiogram (EKG/ECG), Understanding and Interpreting the Glasgow Coma Scale, Complete List of Common Nursing Certifications. In the same way that you should not disclose information about your patients, nurses should take care not to post their personal information. 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. 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. 7 Tips for Using Social Media as a Nursing Professional The failure to comply with HIPAA Rules can result in significant penalties for HIPAA covered entities. Top 6 Reasons Nurses Get Fired 1. Florida nurse fired after posting photos of baby born with birth defect 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. My ick is when you ask me how much the baby weighs and its still in your hands, a second nurse says. 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. 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. We now, however, have in some hospitals a generation of nurses who discard normal ethical nursing behavior to chase after adulation from strangers. What was the impact of the accidental disclosure? Author: Steve Alder is the editor-in-chief of HIPAA Journal. Katie Duke, who has a massive following on Twitter and Instagram, is one of the stars of the ABC hit NY Med. We've received your submission. However, Katie is resilient. I felt so bad for her, but she should have known better.. ! I cannot claim to know what was going on in her head when she posted that photo, I can only express my opinion. If health information is not acquired or disclosed under false pretenses and/or for personal gain, the offense is punished as a misdemeanor. Nurse Firing Highlights Hazards of Social Media in Hospitals In that case it involved the sharing of photographs of patients on Snapchat. Emory Healthcare did not immediately return a request for comment on Saturday. Nurses are held to the highest standard in their jobs and profession. Definitely would make me think twice, however. HITECH News Cancel Any Time. Later that day, she was fired from her job at New York Presbyterian Hospital, she said. Florida nurse fired after posting photos of baby born with birth defect 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. 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. 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. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); But it can also have big, sometimes unforeseen consequences, even for bold nurses who are on reality shows. Knowledge is power, and you need to know what may put your employment at risk. I cant be certain that this is the case, but it should be considered when looking at the big picture here. In addition, Katie pursues additional education and now works as a nurse practitioner. Posting any protected health information on social media websites, even in closed Facebook groups, is a serious HIPAA violation. go-to source for nursing news, trending topics, and educational resources. She has launched social media training programs, nurse travel and excursion, her very own scrub line, and a wildly popular podcast. But beyond penalties themselves, remember that you are a representative of your profession. 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. 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. Turn on desktop notifications for breaking stories about interest? Play outside of the clock.". 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. This would explain why the MD did not get fired for posting the same photo (without patient identifiers) but Katie did. As a nurse, it's important to know what you can and cannot post on social media. We strive to be the Katie Duke, a nurse propelled to fame by popular reality show NY Med, was fired for social media. A nurse has been sacked after sharing a picture of her homemade face mask and speaking out about the conditions she works under amid the COVID-19 outbreak. Can You Get an Associate Degree in Nursing Online? Jussie Smollett Case: 50 Hospital Workers Fired For Alleged HIPAA possible. Is she a bad nurse? Katie Duke NY Med - Nurse Fired for Social Media For example: Should the nurse have known their actions may have resulted in an accidental disclosure of ePHI? You can read more about accidental HIPAA violations here. 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. 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. After receiving the suspension, the nurse appeared to realize that she had shared too much information and deleted several of her posts. Others may be a breach of the HIPAA Privacy Rule and/or state privacy laws. 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. "Dont play with peoples lives. At this point, most hospitals have a social media policy. Just admit you made a mistake and move on. 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. 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. 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. 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. 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. professionals to write our content whenever possible. 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. Too Many Absences or Tardies 7. As unfortunate that is is that Katie was fired over the incident, there is a silver lining here. 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. You know all nursing jobs arent created (or paid!) There have been several instances in recent years of nurses who violate HIPAA with social media. 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. 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. 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. Officials at the Jackson Memorial Hospital in. 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. It comes as nurses get ready to stage a 28-hour walkout over pay today. Nurse fired for posting photos of newborn with birth defect 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). Patient Abuse or Poor Professional Conduct 2. She has rules for how nurses can keep out of trouble while using social media but also using social media effectively and positively. Furthermore, HIPAA violations by nurses are more likely to be reported to the healthcare facility at which they occurred and resolved internally. 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. Duke also claims that the photo was not even hers, but rather reposted from a doctors Instagram page. Marian Weber says she . Lauren Hunter I didnt watch the episode, but was told she already had a new job in it and they were shooting in that ER. However, in 2017, ProPublica produced areporthighlighting more than fifty patient privacy violations in nursing homes and assisted living facilities. Some disclosures that may be considered breaches of confidentiality are permitted by the HIPAA Privacy Rule when Protected Health Information is disclosed to (for example) public health agencies, law enforcement officers, and employers. Nurse Katie Duke was fired from a New York City hospital for sending this photo out on Instagram. "All my videos are comedy skits. Four labor and delivery nurses at an Atlanta hospital came under fire over a TikTok video in which they shared the things that annoy them about expecting mothers and their families. IE 11 is not supported. Never Disclose Your Personal Information. FL Nurse Fired for posting patients Photos on Social Media I just wished she used this opportunity to talk about how to use social media appropriately. Your intestines posed to be inside not outside baby! Samuels sickening post read, WSVN reported last month. Accidental HIPAA violations by nurses happen, even when care is taken to follow HIPAA Rules. Mary, in my opinion the photo wasnt the problem. Was the HIPAA violation attributable to a lack of knowledge, or was it a malicious act? 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. Heres how to stay out of hot water when sharing about your career on your favorite social platform. Marian Weber, a travel nurse in Alaska, said the not-for-profit PeaceHealth rescinded her contract after she raised a concern about patient safety. More recently, the pandemic brought about an explosion of cruel, unprofessional online behavior, even among people who ought to know better. 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. Nurse fired from Sinai Grace for online post, her attorney says she was canned for union organizing. The caption for the image reads Man Vs 6 Train The after #lifesaving #EMS #NYC #ER #Nurses #Doctors #nymed #trauma #realLife.. Nurse's firing over Instagram photo spurs social media debate Pedestrian v. Car, motorcycle v. Truck. 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. Releasing patient information is a serious problem for nurses. 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What happens when a nurse breaches confidentiality depends on the nature of the breach and the reason for it. Since, she is working at a new facility and being filmed there?
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