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. Was the technical safeguard an addressable or required safeguard? When shortcuts develop into a cultural norm, HIPAA violations can occur frequently without them being recognized as HIPAA violations. It came when emergency room nurse Katie Duke was fired for posting a photo to Instagram. This would explain why the MD did not get fired for posting the same photo (without patient identifiers) but Katie did. Morris was suspended from her job as a nurse. "Everybody knows thats not a joke," she told WXII. This article contains personal opinions and assumptions based on the facts available to me as of the original publication date. "I am being bullied and harassed online and these people are mad that Im not going out quietly so they are hitting harder. 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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. To be clear, this article is not intended to attack Katie in any way. HIPAA Journal provides the most comprehensive coverage of HIPAA news anywhere online, in addition to independent advice about HIPAA compliance and the best practices to adopt to avoid data breaches, HIPAA violations and regulatory fines. Texas Children's Hospital nurse fired after post about measles patient The caption for the image reads Man Vs 6 Train The after #lifesaving #EMS #NYC #ER #Nurses #Doctors #nymed #trauma #realLife.. Social Media and Nursing: Where to Draw the Line with Professionalism Even so, the example still has the potential to help many nurses avoid making similar mistakes. 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. Nurses at Atlanta hospital under fire over TikTok video mocking Unless prior authorization has been received from a patient, in writing, nurses should avoid sharing photographs and videos of patients (or any PHI) on social media sites. In case you missed it, an emergency room (ER) nurse in New York was fired after posting a photo of an empty trauma room after clinicians saved the life of a man hit by a subway train. Even Katie has used social media to catapult herself as a personal brand and grow a huge following online. 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. If so, it certainly upped her ratings, Im sure Im dont believe I like that sort of stereotyping about nurse role models though. Samuels had worked for the Miami-based Jackson Health System since 2016, the station reported. Social media can do many wonderful things for nurses. 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 am a nurse in NYC, have worked at Columbia, Katie and I have mutual friends, I am very familiar with the operations of the nursing unions in NY, and I have had this conversation with other nurses here. IE 11 is not supported. Not Renewing Your License or Certifications 3. "Every patient at Emory Healthcare deserves to be cared for by a compassionate, experienced team in a comfortable and safe environment," the company said. Posting any protected health information on social media websites, even in closed Facebook groups, is a serious HIPAA violation. Nurse's firing highlights importance of social media discretion 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. Its really just sad," the person wrote. The nurse, Kelly Morris, said the social media videos in question were just jokes. Ms N could not get the toddler off her mind after she arrived home from. In addition, Katie pursues additional education and now works as a nurse practitioner. 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. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. Social Media Post Prompts Firing Ann W. Latner, JD An RN's post online violates a patient's privacy, and she is fired. Nurse Fired After Posting 'Insensitive' Photo on Instagram Its not the photo, in my humble opinion, thats the real issue. 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.. A NURSE in North Carolina was suspended after allegedly ridiculing and mocking patients - some of whom were critically ill. The nurse also made anti-vaccine comments . We strive for accuracy, but cannot be held responsible for the current validity of data as best practices are ever-changing. In that case it involved the sharing of photographs of patients on Snapchat. 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. . Can You Get an Associate Degree in Nursing Online? Others may be a breach of the HIPAA Privacy Rule and/or state privacy laws. Your intestines posed to be inside not outside baby! Samuels sickening post read, WSVN reported last month. 35 separate cases were uncovered. The TikTok trend originally began as a way for someone to describe why they stopped dating another person. 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. 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. 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. "In that video, it . She has rules for how nurses can keep out of trouble while using social media but also using social media effectively and positively. 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.. 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. This is not an opinion all nurses share, but clearly Katie being fired for it shows that hospital administrators largely share my professional opinion. 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. Heres how to stay out of hot water when sharing about your career on your favorite social platform. These health care workers say they were fired after raising - NBC News Simple. I just wished she used this opportunity to talk about how to use social media appropriately. 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. Learn how your comment data is processed. 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. There are many examples of HIPAA violations in nursing homes thanks to areportproduced by ProPublica in 2017. When Emory found out about the viral videos mocking patients, they quickly fired the nurses who were involved. Cancel Any Time. This story has been shared 679,840 times. Was the nursing student accompanied by a preceptor or supervisor who should have prevented the HIPAA violation? Its the unlimited trips to the nursing station for me, said another bemoaning nurse. Required fields are marked *. Nursing Social Media Do's and Don'ts for 2023 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. Would you know how to handle a trip to the emergency room? You have every right to express your opinion, as do the others who have blogged or posted about this situation. No nurse is immune to penalties resulting from inappropriate social media sharing. What happens when a nurse breaches confidentiality depends on the nature of the breach and the reason for it. 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. But beyond penalties themselves, remember that you are a representative of your profession. For an optimal experience visit our site on another browser. 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. More recently, the pandemic brought about an explosion of cruel, unprofessional online behavior, even among people who ought to know better. "To be belittled and mocked during that experience is outright unacceptable. 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. 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 childs mother had been notified of the privacy breach, hospital officials told WFOR. 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. 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 . 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. 7 Tips for Using Social Media as a Nursing Professional Florida nurse fired after posting photos of baby born with birth defect Because none of us are perfect. 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. In some cases, the disclosure may also be reported to law enforcement agencies. It can make it very hard for a nurse to find alternative employment. In a recent case, OB nurses from Emory got fired for sharing their patient "icks" on social media. Subscribe to our newsletter to be the first to know about our daily giveaways from shoes to Patagonia gear, FIGS scrubs, cash, and more! Nurse Katie Duke has been featured on two seasons of the reality medical drama, "New York Med. 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. Receive weekly HIPAA news directly via email, HIPAA News But our study also raised important questions about privacy, common. Yesterday, a nurse employed with Salem Health posted a video on social media which displayed cavalier disregard for the seriousness of this pandemic and her indifference towards physical. Nurse Kenisa Barkai is now suing her former employer, Sinai-Grace Hospital. 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. 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. Four days after the nurse was suspended the decision was taken to fire her for the HIPAA violation. Reasons Nurses Get Fired 1. A single Google search for Nurse fired for social media will yield plenty of results. 0:34. Social Media Misconduct 5. 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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). 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). Curious to see where she takes it? 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. If you want to play you need to play with some children. 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. We've received your submission. There may be a viable claim, in some cases, under state laws. Never Disclose Your Personal Information. And even if they were, are Katies posts protected by the waivers the producers of NY Med no doubt have patients sign? 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. 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. 10 Reasons Nurses Get Fired From Their Job - Nurse Money Talk I am not a nurse. Download PDF. 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. 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. She has launched social media training programs, nurse travel and excursion, her very own scrub line, and a wildly popular podcast. Florida nurse fired after posting social media photos of newborn baby 2 Kelly Morris Credit: Instagram Why was a nurse suspended over her TikTok videos? In January, a nursing assistant was fired for sharing videos and photos of abuse of a patient with Alzheimers on Snapchat. Regulatory Changes See our disclaimer for more information. Columbia (where Katie was fired from) is a unionized hospital. 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. 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. 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 they are that thirsty for attention, they should quench their thirst in another profession. Business associates of covered entities can also be fined directly for HIPAA violations, but what about individual healthcare workers such as nurses? Receive weekly HIPAA news directly via email, HIPAA News The nurses fired for mocking patients on TikTok exemplify our culture Quite a few nurses have been disciplined or fired for inappropriate social media posts, with some cases even making the national news. Employees who violate these privacy rules, despite being educated, are subject to disciplinary action included suspension or termination, hospital officials told WFOR. 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. 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. Katie Duke is a passionate nurse who has strong opinions and will no doubt find another job and have continued success. Is she a bad nurse? This really makes me think it was a complete set up. ", "Be assured we have handled the situation and reported her actions to all appropriate state and federal agencies.". A nurses viral TikTok video did exactly this as she recorded herself melodramatically acting shaken with the caption Lost a patient today. Looking for a change beyond the bedside? Is Katie Duke a good nurse? Nurse Firing Highlights Hazards of Social Media in Hospitals Morris told the TV station that she believes this is an example of "cancel culture" and she feels the people targeting her do not understand her sense of humor. If a nurse violates HIPAA, a patient cannot sue the nurse for a HIPAA violation. In today's society, social media is at everyone's fingertips via a smartphone or iPad. Most healthcare professionals will be well aware that the posting of any protected health information on a social media website constitutes a HIPAA compliance violation. The HIPAA Privacy Rule places restrictions on the allowable uses and disclosures of protected health information. 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. These Health Care Workers Spoke Out. Their Hospitals Fired Them. - HuffPost She moved to New York and made something of herself. More information about how social media got Katie Duke NY Med fired: Unless youve been living under a rock, or perhaps are active on social media, you likely know that Katie Duke has skyrocketed her social media presence and various nursing business ventures. Pedestrian v. Car, motorcycle v. Truck. We strive to be the However, as this incident shows, the patient does not need to be mentioned by name in order for them to potentially be identified. She has such a huge audience and so many nurses that look up to her. She explained that it was a rough experience seeing the boy suffering from the disease. 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. Nicole Acevedo. 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 . We as licensed healthcare professionals are held to a higher standard by licensure and ethical / legal standards such as HIPAA. Thanks for contacting us. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. (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. A Florida nurse has been fired for posting photos on social media cruelly mocking a newborn with a birth defect, hospital officials said. Update: After this story was published, a spokeswoman for NewYork-Presbyterian Hospital provided the following statement: NewYork-Presbyterian Hospital does not discuss individual employee matters. At nurse.org, we believe that no one knows nurses better than, well, nurses. Employers may decide to provide additional training in some cases to ensure the requirements of HIPAA are fully understood. As unfortunate that is is that Katie was fired over the incident, there is a silver lining here. Katie Duke NY Med - Nurse Fired for Social Media They can include patient errors, HIPAA violations, causing undue risk for an employer, and social media mistakes. ", 2020 THE SUN, US, INC. ALL RIGHTS RESERVED | TERMS OF USE | PRIVACY | YOUR AD CHOICES | SITEMAP. It's especially true for nursing students who use social media who may not know HIPAA regulations as well as seasoned nurses. 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. All and all, Id say Katie Duke used her social media mistake to make lemonades out of some very sour lemons. 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. Over the last several years, the world has witnessed the explosion of social media and other electronic communication like Facebook, Twitter, Pinterest, and Instagram. Her comments explained how the disease was much worse that she expected it to be, having not encountered anyone with the measles in the past. In my humble opinion, this type of social media is insensitive and inappropriate. In many instances, nurses make HIPAA violations or even post insensitive comments about a patient, hospital, or situation innocently. 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. What was the impact of the accidental disclosure? Give the world a positive impression of your beloved career. Its not clear if the company fired the nurses as a direct result of the video. Where new information has been made available, I have provided updates and clarification. But those of us who do have an audience have obligation to lead by example. 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. Sign up to receive the latest nursing news and exclusive offers. — -- 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. Sinai Grace nurse fired for Facebook post; attorney says it was for 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. There is no best training course on HIPAA for nurses because nurses compliance with HIPAA is subject to their employers HIPAA policies rather than the text of the Administrative Simplification provisions. Emory Healthcare did not immediately return a request for comment on Saturday. 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. By Portia Wofford. Check out our list of the top non-bedside nursing careers. Termination for a HIPAA violation does not just mean loss of current employment and benefits. Breach of Ethics Nurses are held to high moral and ethical standards. Social media can do many wonderful things for nurses, Reality Show Nurse Fired For Instagram Post, Nurse Firing Highlights Hazards of Social Media in Hospitals, NY Med star Katie Duke speaks out on getting fired from NYC hospital for posting Instagram photo of trauma room, Take the Nurse Blogging 101 online course, 9 Top Sparkly Stethoscopes For Some Bling, 15 Funny Nurse Mugs You Totally Need In Your Life, 9 Effective Ways For Building Confidence In Nursing, Find PRN Nursing Shifts Near Me to Earn Extra Cash, Best Shoes for Nurses 20+ Recommended Nursing Shoes for Women, Gifts for Nurses: All The Best Nurse Gift Ideas in One Place, How to Pass the NCLEX with 75 Questions in One Attempt, Most Popular Shoes for Nurses: Alegria Clog, The Best Stethoscope For Nurses The Ultimate Guide to Nurse Stethoscopes.
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