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. Marian Weber, a travel nurse in Alaska, said the not-for-profit PeaceHealth rescinded her contract after she raised a concern about patient safety. 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. It actually filmed her there. (CNN) -- An oncology nurse in Oregon who bragged about flouting COVID-19 restrictions in a TikTok video "is no longer employed with Salem Health," the hospital system confirmed to CNN. @NurseBecca thank you so much for your comment Becca. 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. 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. The bombs people drop on social media can detonate right away or lurk like hidden land mines. Was the nursing student accompanied by a preceptor or supervisor who should have prevented the HIPAA violation? Her employers agreed with that stance. Nurse Firing Highlights Hazards of Social Media in Hospitals "Everybody knows thats not a joke," she told WXII. 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. She moved to New York and made something of herself. Nurse Fired After Posting 'Insensitive' Photo on Instagram She is known to be difficult. I was told I was being fired for being insensitive, she said. Even so, the example still has the potential to help many nurses avoid making similar mistakes. Morris was suspended from her job as a nurse. People often use keywords like I shouldnt violate HIPPA, but that make the inappropriate material pop up on a search for HIPAA. There are a few frequent fliers on my search lists but their employers obviously arent doing the same searches. (The Canadian Press/CBC) A Saskatchewan nurse who used Twitter and Facebook to express concern about the quality of care given to a family member in a nursing home has been found guilty of. The nurse also made anti-vaccine comments . By Portia Wofford. 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. All and all, Id say Katie Duke used her social media mistake to make lemonades out of some very sour lemons. Employees who violate these privacy rules, despite being educated, are subject to disciplinary action included suspension or termination, hospital officials told WFOR. However, in 2017, ProPublica produced areporthighlighting more than fifty patient privacy violations in nursing homes and assisted living facilities. "If you want to play, thats not the profession or the field you need to play in. Update I was informed that later in the episode it showed Katie Duke working in a new ER and being filmed there. Breach News A nurse at Jackson Memorial Hospital in Miami was fired after posting photos of a baby born with a birth defect over social media in early September, according to multiple local media . For an optimal experience visit our site on another browser. 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. A NURSE in North Carolina was suspended after allegedly ridiculing and mocking patients - some of whom were critically ill. Florida nurse fired after posting social media photos of newborn baby Nurse Kenisa Barkai is now suing her former employer, Sinai-Grace Hospital. The failure to report a minor violation could have major consequences. Duke maintains that she did nothing wrong by posting the picture. 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. Much like their dance routines, empathy is also performative, and theyll even exploit the death of a patient to display their supposed struggle after managing to lose another one or highlight their strength to constantly overcome this commonplace occurrence in their profession. I cant be certain that this is the case, but it should be considered when looking at the big picture here. Thank you for a more balanced discussion of the situation. Download PDF. In a recent case, OB nurses from Emory got fired for sharing their patient "icks" on social media. jQuery( document ).ready(function($) { What are your staff posting on social media? I also saw Katie on an interview on Inside Edition late in the week she didnt seem to admit any wrongdoing just said I cant believe they fired such a caring person. Foul-mouthed note to selfish panic buyers goes viral as Delta Covid variant shuts down Australia once again, Millions of Brits lined up for Covid booster jabs from September to stop winter case spike, Britain and EU strike last gasp Sausage War ceasefire to head off threat of trade tariffs, Abused Jasmine Hartin freed from Belize jail as lawyer claims shes been thrown to wolves' by Lord Ashcrofts family, Joe Biden 'hosted Hunter's Mexican associates in VP's office and flew son to meeting on Air Force 2', Almost HALF of Americans are having trouble finding clothes that fit after the pandemic, poll says, Sophie Toscan du Plantier prime suspect Ian Bailey claims bombshell DNA will clear his name in 25-year murder mystery, Brit boy, 13, who claims ISIS trained him to kill aged EIGHT begs to return to UK to play Xbox & eat McDonalds. man vs 6 train. My response to that is that last time I looked, the media was in a different business. However, Katie is resilient. 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. Its really just sad," the person wrote. Others may be a breach of the HIPAA Privacy Rule and/or state privacy laws. Take the 2014 case of an RN in New York City who was fired by her employer for posting a picture on Instagram depicting a chaotic emergency room following the care of a man who was hit by a subway train. 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. The nurse, Kelly Morris, said the social media videos in question were just jokes. Thanks for contacting us. She did get a new job at another local ER. The nurses fired for mocking patients on TikTok exemplify our culture Social media is a double-edged sword. 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. 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. 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. Remember, nothing can really be deleted.. 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. Breach of Ethics Nurses are held to high moral and ethical standards. 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. Social Media and Nursing: Where to Draw the Line with Professionalism Emory Healthcare said in its statement that patients should always feel they are being treated with "care and respect.". Regulatory Changes Its not clear if the company fired the nurses as a direct result of the video. Social media can do many wonderful things for nurses. 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. 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. Who really gets fired over social media posts? We studied hundreds of 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. Nurse Katie Duke has been featured on two seasons of the reality medical drama, "New York Med. 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. Whether this has to do with physician-privilege or the comments on the photo is an unknow, but its worth mentioning. Without knowing the answers to these questions, it is impossible to determine who is at fault for the accidental disclosure. 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. 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. Had the nursing student been given a copy of the Covered Entitys sanctions policy? Sign up to receive the latest nursing news and exclusive offers. You have every right to express your opinion, as do the others who have blogged or posted about this situation. 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. ", 2020 THE SUN, US, INC. ALL RIGHTS RESERVED | TERMS OF USE | PRIVACY | YOUR AD CHOICES | SITEMAP. Reasons Nurses Get Fired 1. In today's society, social media is at everyone's fingertips via a smartphone or iPad. I could never imagine my mother using a hospital floor as her dance floor to garner attention from random people on the Internet. Termination for a HIPAA violation does not just mean loss of current employment and benefits. It is highly likely that a strong case had already been mounted against Katie for her to be fired. But she was fired for being insensitive. Now I check my posts so no one gets offended or thinks I am a cold-hearted person., Emergency Medicine Tweet Chat Today at 1 PM, ET. 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. Polish nurse Renata Pizanowska was. 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. We strive for accuracy, but cannot be held responsible for the current validity of data as best practices are ever-changing. Delivered via email so please ensure you enter your email address correctly. It highlights just how easy for nurses to make an error that could cause them to lose their job. Yet, the consequences of a violation of patient privacy or insensitivity to an employer or co-workers are very real and even detrimental to offending nurses both financially and for their licensure. We've received your submission. 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. Social Media Misconduct 5. Is it a possibility it was staged? We've received your submission. A criminal complaint was filed and the nursing assistant faces up to three and a half years in jail if convicted. Katie Duke, RN, posted a photo on Instagram of the room in which a man was treated after being hit by a New York City subway train with the caption "#Man vs 6 train," according to the report . Katie Duke is a no-nonsense kind of nurse who has a personal motto of deal with it. It may even be her nursing motto. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. But calling her insensitive? Perhaps I can clarify a little. A nurses viral TikTok video did exactly this as she recorded herself melodramatically acting shaken with the caption Lost a patient today. Subscribe for the latest nursing news, offers, education resources and so much more! Your Privacy Respected Please see HIPAA Journal privacy policy. In response to the rightful outrage from social-media users, the Atlanta hospital fired the four nurses over the weekend for, it said, filming a TikTok video that included disrespectful and unprofessional comments about maternity patients at Emory University Hospital Midtown.. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Were all human and in her case she was in a stressful environment, plus had TV cameras. 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. What Happens if a Nurse Violates HIPAA? Updated for 2023 Look her up. 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. Your intestines posed to be inside not outside baby! Samuels sickening post read, WSVN reported last month. Heres how to stay out of hot water when sharing about your career on your favorite social platform. Know the facts. HITECH News My ick is when you come in for your induction, talking about, Can I take a shower and eat? one nurse says. This was not staged but there are things that happen behind the scenes that explain the situation. Learn how your comment data is processed. Sinai Grace nurse fired for Facebook post; attorney says it was for Just wanted you to know, I saw an episode of NY Med that showed this story at the time she was fired. If theyre saying those things on camera who knows what they said amongst themselves or how they treated their patients. Katie Duke NY Med - Nurse Fired for Social Media Marian Weber says she . Nurses are held to the highest standard in their jobs and profession. You can read more about accidental HIPAA violations here. Definitely would make me think twice, however. The employees were immediately fired for inappropriately viewing or accessing the records of actor Jussie Smollett. 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). In addition, Katie pursues additional education and now works as a nurse practitioner. go-to source for nursing news, trending topics, and educational resources. We can all learn from her mistake and her perseverance. 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. I did see the episode and was totally shocked when she was fired. Releasing patient information is a serious problem for nurses. If health information is not acquired or disclosed under false pretenses and/or for personal gain, the offense is punished as a misdemeanor. 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. What was the impact of the accidental disclosure? 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. Politics latest updates: Union leader Pat Cullen says nurses are pushed They all sound like HIPAA violations to me. 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. She reportedly created a GoFundMe page titled "TikTok Got me Fired," but explains that she was suspended from her job. At nurse.org, we believe that no one knows nurses better than, well, nurses. Play outside of the clock.". If you are a patient (or family member), the first thing to find out is if the nurses employer is a HIPAA Covered Entity. This is not an opinion all nurses share, but clearly Katie being fired for it shows that hospital administrators largely share my professional opinion. This story has been shared 679,840 times. Id never heard of Katie Duke, until this string of blogs. The doctor who also works for the hospital was not reprimanded, she said. Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. I saw that episode of NY MED. That's why we rely on registered nurses and other experienced healthcare Minyvonne Burkeis a senior breaking news reporter for NBC News. An attorney told WFOR last month that Samuels not only breached the newborns privacy, but also violated the Health Insurance Portability and Accountability Act. Mary, in my opinion the photo wasnt the problem. But instead she decided to act as if she was not at fault. Katie Duke, who has a massive following on Twitter and Instagram, is one of the stars of the ABC hit NY Med. She has such a huge audience and so many nurses that look up to her. 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. Sounds like a huge setup to me. When shortcuts develop into a cultural norm, HIPAA violations can occur frequently without them being recognized as HIPAA violations. Top 6 Reasons Nurses Get Fired 1. Breach News This would explain why the MD did not get fired for posting the same photo (without patient identifiers) but Katie did. "The only thing hurt in my TikTok videos were people's feelings," she told TV station WXII in a story published on June 28, 2021. All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, date of death; and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 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. Im not a HIPAA expert by any means, but I thought it was more than insensitive IMO it was a HIPAA violation. 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. There are many examples of HIPAA violations in nursing homes thanks to areportproduced by ProPublica in 2017. 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. OB nurses from Emory got fired for sharing their patient "icks" on social media. 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. Nicole Acevedo. Never Disclose Your Personal Information. The caption for the image reads Man Vs 6 Train The after #lifesaving #EMS #NYC #ER #Nurses #Doctors #nymed #trauma #realLife.. 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. HIPAA Violations 4. 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. Your email address will not be published. Firing for Online Behavior - SHRM "In that video, it . 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. 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.