FL Nurse Fired for posting patients Photos on Social Media If health information is not acquired or disclosed under false pretenses and/or for personal gain, the offense is punished as a misdemeanor. Others may be a breach of the HIPAA Privacy Rule and/or state privacy laws. What are your staff posting on social media? All and all, Id say Katie Duke used her social media mistake to make lemonades out of some very sour lemons. The egotistical monsters we complain about exist because weve encouraged these people to incubate in an algorithmically curated narcissism ecosystem. 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. She took her loss and won! Never Disclose Your Personal Information. But instead she decided to act as if she was not at fault. 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. Subscribe to our newsletter to be the first to know about our daily giveaways from shoes to Patagonia gear, FIGS scrubs, cash, and more! 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. Content on this site is for entertainment purposes and does not constitute medical advice. But it can also have big, sometimes unforeseen consequences, even for bold nurses who are on reality shows. The failure to comply with HIPAA Rules can result in significant penalties for HIPAA covered entities. Officials at the Jackson Memorial Hospital in. Because none of us are perfect. There may be a viable claim, in some cases, under state laws. 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. 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. Morris was suspended from her job as a nurse. 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. 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. Releasing patient information is a serious problem for nurses. Had the nursing student been given a copy of the Covered Entitys sanctions policy? If you want to play you need to play with some children. It can make it very hard for a nurse to find alternative employment. Nurses at Atlanta hospital under fire over TikTok video mocking 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. The childs mother had been notified of the privacy breach, hospital officials told WFOR. 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. But she was fired for being insensitive. Nurse Katie Duke was fired from a New York City hospital for sending this photo out on Instagram. If reporting the event to HHS Office for Civil Rights, the agency will review the complaint and investigate the violation if it believes the complaint is justified. 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.. It can be used to hold people to account for discriminatory views, comments or actions. 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. Firing for Online Behavior - SHRM In my humble opinion, this type of social media is insensitive and inappropriate. I have a whole file for training. Last year, a St. Louis doctors Facebook complaints about a chronically late patient drew hundreds of outraged comments from Internet posters. All other violations of HIPAA are civil offences subject to an employers sanctions policy or sanctions set by HHS Office for Civil Rights. It came when emergency room nurse Katie Duke was fired for posting a photo to Instagram. 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 . 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. Its the unlimited trips to the nursing station for me, said another bemoaning nurse. Social Media Post Prompts Firing - Clinical Advisor There have been several instances in recent years of nurses who violate HIPAA with social media. 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. OB nurses from Emory got fired for sharing their patient "icks" on social media. Author: Steve Alder is the editor-in-chief of HIPAA Journal. I speak professionally on the topic of social media for nurses and often get asked about specific examples of nurses making mistakes on social media. jQuery( document ).ready(function($) { Regulatory Changes 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. Polish nurse Renata Pizanowska was. We strive to be the After receiving the suspension, the nurse appeared to realize that she had shared too much information and deleted several of her posts. Nurse Fired After Posting 'Insensitive' Photo on Instagram Nurse fired from Sinai Grace for online post, her attorney says she was canned for union organizing. 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. 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. The TikTok trend originally began as a way for someone to describe why they stopped dating another person. Katie Duke, a nurse propelled to fame by popular reality show NY Med, was fired for social media. 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. The doctor who also works for the hospital was not reprimanded, she said. That I am not sure of. 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. However, in 2017, ProPublica produced areporthighlighting more than fifty patient privacy violations in nursing homes and assisted living facilities. You have every right to express your opinion, as do the others who have blogged or posted about this situation. Furthermore, HIPAA violations by nurses are more likely to be reported to the healthcare facility at which they occurred and resolved internally. Nurse fired after post on Facebook. - medicalmutual.com 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.". 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. A single Google search for Nurse fired for social media will yield plenty of results. All links on this site may be affiliate links and should be considered as such. In the same way that you should not disclose information about your patients, nurses should take care not to post their personal information. We as licensed healthcare professionals are held to a higher standard by licensure and ethical / legal standards such as HIPAA. Was the technical safeguard an addressable or required safeguard? 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. 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. Knowledge is power, and you need to know what may put your employment at risk. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. A nurses viral TikTok video did exactly this as she recorded herself melodramatically acting shaken with the caption Lost a patient today. Think of all the the nurses she could prevent from being fired. If you practice medicine you know this. You can read more about accidental HIPAA violations here. 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. man vs 6 train. They say that nursing is a calling, and my mother was called to the field. She did something insensitive and potentially damaging to a patient and her hospital. 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. My ick is when you ask me how much the baby weighs and its still in your hands, a second nurse says. We've received your submission. Lack of Professionalism Final Thoughts Related Article 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. 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. 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. 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. HIPAA-covered entities are unlikely to recruit a nurse that has previously been fired for violating HIPAA Rules. Criminal prosecutions are rare, although theft of PHI for financial gain is likely to result in up to 10 years in jail. Looking for a change beyond the bedside? 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. Later that day, she was fired from her job at New York Presbyterian Hospital, she said. 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. 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. 2 Kelly Morris Credit: Instagram Why was a nurse suspended over her TikTok videos? 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. 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. 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. The employees were immediately fired for inappropriately viewing or accessing the records of actor Jussie Smollett. — -- 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. It is highly likely that a strong case had already been mounted against Katie for her to be fired. Is it a possibility it was staged? 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. 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. She has rules for how nurses can keep out of trouble while using social media but also using social media effectively and positively. I am not a nurse. Definitely would make me think twice, however. If you hung around nurses station and heard the way we talk about injuries, life and death you might get the wrong impression but its just a coping mechanism. She said. 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. 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. "No one was ever harmed and I treat all my patients with great care and they all love me.". But beyond penalties themselves, remember that you are a representative of your profession. It would be impossible to convey every aspect of every situation in one-hour of television., 24/7 coverage of breaking news and live events. 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. jQuery( document ).ready(function($) { An attorney told WFOR last month that Samuels not only breached the newborns privacy, but also violated the Health Insurance Portability and Accountability Act. Were all human and in her case she was in a stressful environment, plus had TV cameras. 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. 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. Brittney is the author of, Interviews and Press, Awards and Mentions. 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. go-to source for nursing news, trending topics, and educational resources. Whitley Patterson, whose mother passed away at the nursing home, said she does not buy Morris' explanation. Nurse's firing over Instagram photo spurs social media debate 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. They can include patient errors, HIPAA violations, causing undue risk for an employer, and social media mistakes. Receive weekly HIPAA news directly via email, HIPAA News Emory Healthcare said in its statement that patients should always feel they are being treated with "care and respect.". What was the impact of the accidental disclosure? Your email address will not be published. Your first year as a nurse is daunting. 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. 7 Tips for Using Social Media as a Nursing Professional Required fields are marked *. 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. Cancel Any Time. 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 HIPAA Privacy Rule places restrictions on the allowable uses and disclosures of protected health information. 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. Social Media Misconduct 5. Is Katie Duke a good nurse? 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.