If you are a colleague of a nurse who has violated HIPAA, you should be guided by your employer`s procedures for complying with HIPAA. Where new information has been made available, I have provided updates and clarification. 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. I was told I was being fired for being insensitive, she said. Florida nurse fired after posting photos of baby born with birth defect 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. I felt so bad for her, but she should have known better.. ! It highlights just how easy for nurses to make an error that could cause them to lose their job. I am not sure what hospital administrator would say this wasnt a HIPAA violation. But beyond penalties themselves, remember that you are a representative of your profession. 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. Not Renewing Your License or Certifications 3. But calling her insensitive? Nurse's firing over Instagram photo spurs social media debate Receive weekly HIPAA news directly via email, HIPAA News 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. professionals to write our content whenever possible. Never Disclose Your Personal Information. The employees were immediately fired for inappropriately viewing or accessing the records of actor Jussie Smollett. byCarlton G. Brown, PhD, RN, AOCN, NEA-BC, FAAN. 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. If a nurse violates HIPAA, a patient cannot sue the nurse for a HIPAA violation. Whether or not a nurse can be fired for a HIPAA violation under any other circumstances will depend on the content of the nurses employment contract and their employers sanctions policy. 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). If theyre saying those things on camera who knows what they said amongst themselves or how they treated their patients. Social Media Misconduct 5. Thanks for the follow up. 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. Nurse fired over coronavirus social media post 2. Adam B. Coleman is the author of Black Victim to Black Victor and founder of Wrong Speak Publishing. 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. But the lack of professionalism and empathy these nurses expressed to publicly mock their patients is inexcusable their terminations were warranted. Your email address will not be published. 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. Reasons Nurses Get Fired 1. Man vs 6train gave identifying information to the public about a patient (she said it was the man who was hit by the 6 train; she didnt need to post his name as the media will have already taken care of that); her account identified where she works (thereby identifying that the person is being treated in her hospital cant release that info to anyone unless the patient or family consents doubt she got a release) and the actual picture showed the type of treatment the patient received (its a stretch but any person with reasonable medical knowledge can figure out what kind of tx the pt received). Katie Duke's story spotlights the hazards of social media in hospitals. The firing of a New York City nurse for her social media use has reaffirmed the hazards of healthcare workers bringing their work online, according to ABC News. Samuels had worked for the Miami-based Jackson Health System since 2016, the station reported. Katie Duke is a passionate nurse who has strong opinions and will no doubt find another job and have continued success. But our study also raised important questions about privacy, common. 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. Your intestines posed to be inside not outside baby! Samuels sickening post read, WSVN reported last month. 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. As a nurse, it's important to know what you can and cannot post on social media. A Florida nurse has been fired for posting photos on social media cruelly mocking a newborn with a birth defect, hospital officials said. It came when emergency room nurse Katie Duke was fired for posting a photo to Instagram. 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. In addition, Katie pursues additional education and now works as a nurse practitioner. 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. The Nerdy Nurse is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking toAmazon.com. Subscribe for the latest nursing news, offers, education resources and so much more! Had the actions been covered in security and awareness training? We've received your submission. But those of us who do have an audience have obligation to lead by example. 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. 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 is how it is said. It is highly likely that a strong case had already been mounted against Katie for her to be fired. She took her loss and won! Subscribe to our newsletter to be the first to know about our daily giveaways from shoes to Patagonia gear, FIGS scrubs, cash, and more! This story has been shared 679,840 times. 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. 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. A NURSE in North Carolina was suspended after allegedly ridiculing and mocking patients - some of whom were critically ill. In some cases, someone is terminated from a current job for recent problematic posts. Author: Steve Alder is the editor-in-chief of HIPAA Journal. FL Nurse Fired for posting patients Photos on Social Media See ourprivacy policyfor more information. Delivered via email so please ensure you enter your email address correctly. It was poor choice for Katie to post this particular social update. 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. 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. All rights reserved. What happens if a nurse violates HIPAA compliance rules? With over 128,000 followers as of the writing of this update, she is one of the most popular nurses on Instagram. Without knowing the answers to these questions, it is impossible to discuss potential consequences. 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. It can be used to hold people to account for discriminatory views, comments or actions. Know the facts. Ms N could not get the toddler off her mind after she arrived home from. Criminal prosecutions are rare, although theft of PHI for financial gain is likely to result in up to 10 years in jail. 0:34. Last year, a St. Louis doctors Facebook complaints about a chronically late patient drew hundreds of outraged comments from Internet posters. That's why we rely on registered nurses and other experienced healthcare What Happens if a Nurse Violates HIPAA? Updated for 2023 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. I appreciate that you are looking at the facts of the situation, as you understand them, and addressing them without making the conversation a personal attack. 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. "To be belittled and mocked during that experience is outright unacceptable. Ooooh I saw this episode! 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. I could never imagine my mother using a hospital floor as her dance floor to garner attention from random people on the Internet. A Houston nurse is no longer employed after she posted on social media about a young patient with measles, Texas Children's Hospital said Thursday. Was the nursing student accompanied by a preceptor or supervisor who should have prevented the HIPAA violation? Thanks for contacting us. 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. 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. Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. It is near impossible to fire a nurse from a unionized hospital in New York. Just admit you made a mistake and move on. Nurses are held to the highest standard in their jobs and profession. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. 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. 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. 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. 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. 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. Because nurses are often on the frontline of medical care, they need to be extra careful with what they post on social media, said Nancy Spector, director of regulatory innovations for the National Council of State Boards of Nursing.
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