See ourprivacy policyfor more information. We strive for accuracy, but cannot be held responsible for the current validity of data as best practices are ever-changing. But calling her insensitive? Again not an expert on HIPAA by any means but from all my years of experience and training thats how I see it. 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. 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. The egotistical monsters we complain about exist because weve encouraged these people to incubate in an algorithmically curated narcissism ecosystem. Accidental HIPAA violations by nurses happen, even when care is taken to follow HIPAA Rules. 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. A Florida nurse has been fired for posting photos on social media cruelly mocking a newborn with a birth defect, hospital officials said. A NURSE in North Carolina was suspended after allegedly ridiculing and mocking patients - some of whom were critically ill. Since, she is working at a new facility and being filmed there? Know the facts. It highlights just how easy for nurses to make an error that could cause them to lose their job. 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. 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. It is a violation of HIPAA to share EMR login credentials because, under the Administrative Safeguards of the Security Rule (45 CFR 164.308), Covered Entities are required to implement procedures that record system activity including who accesses systems containing ePHI and when. All and all, Id say Katie Duke used her social media mistake to make lemonades out of some very sour lemons. 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. 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. 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. 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. One Instagram user said the video just showed everyone where NOT to go," while another person said that childbirth is one of the most vulnerable times for a woman. Last year, a St. Louis doctors Facebook complaints about a chronically late patient drew hundreds of outraged comments from Internet posters. Participating in the TikTok #IckChallenge, four Emory University Hospital Midtown employees recorded a one-minute TikTok video discussing their icks about being nurses who deal primarily with labor and delivery. 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. What was the impact of the accidental disclosure? Content on this site is for entertainment purposes and does not constitute medical advice. 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. Get a . 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. It was poor choice for Katie to post this particular social update. Criminal prosecutions are rare, although theft of PHI for financial gain is likely to result in up to 10 years in jail. 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. Morris was suspended from her job as a nurse. You can read it in the stills. 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. 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). 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. 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. 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. Florida sheriff says he would have immediately detained Br Woman has 'loud, full body orgasm' in the middle of LA concert, Biden son arrives for baby mama showdown, lawyer says he's already paid $750K support, Meghan Markle's ailing dad in 'final ever' interview: 'I refuse to be buried by her', Rihanna has secret 3 a.m Met Gala fitting for $25 million in Cartier jewels, Stanley Tucci used feeding tube for 6 months during brutal cancer battle, Ireland Baldwin tricks Paris Hilton, Hilary Duff and more stars into thinking she gave birth, NY Post Sports Reporter Zach Braziller breaks down the Knicks game 1 loss to the Heat, Elon Musk Tells Bill Maher Woke Mind Virus Is Dangerous On Real Time, Scott Disick steps out in NYC with Penelope, North West ahead of Met Gala. What I do know is that she made a choice and has experienced the consequences of that choice. Download PDF. She was, she said, showing how life and death situations play out every day in the hospital. It can be used to hold people to account for discriminatory views, comments or actions. Remember, nothing can really be deleted.. Nurse fired from Sinai Grace for online post, her attorney says she was canned for union organizing. Man vs. 6train So, did this really happen? We strive to be the 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. 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. 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. Receive weekly HIPAA news directly via email, HIPAA News 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. 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. Give the world a positive impression of your beloved career. Katie Duke's story spotlights the hazards of social media in hospitals. There are many examples of HIPAA violations in nursing homes thanks to areportproduced by ProPublica in 2017. Looking for a change beyond the bedside? After receiving the suspension, the nurse appeared to realize that she had shared too much information and deleted several of her posts. The nurses at Emory University Hospital Midtown were participating in a popular trend where users share their "icks" or turnoffs about a person. Emory Healthcare did not immediately return a request for comment on Saturday. 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. Had the actions been covered in security and awareness training? Further information on the penalties for HIPAA violations are detailed here. 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. 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. What Does VEAL CHOP Stand For in Nursing? Had the nursing student been given a copy of the Covered Entitys sanctions policy? A nurse can be held responsible for a HIPAA violation if the non-compliant event occurs frequently in the nursing unit. The nurse, Kelly Morris, said the social media videos in question were just jokes. 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 . 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. It was the caption, which was very insensitive. I am not sure what hospital administrator would say this wasnt a HIPAA violation. Later that day, she was fired from her job at New York Presbyterian Hospital, she said. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); The employees were immediately fired for inappropriately viewing or accessing the records of actor Jussie Smollett. Im not saying that nurses should be monitored any more closely that anyone else, but unfortunately its an option for any employer these days so everyone should be on their toes about 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. 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. Knowledge is power, and you need to know what may put your employment at risk. 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. A nurse in Florida has been fired after posting photos of a baby born with a birth defect on social media, according to hospital officials. Check out our list of the top non-bedside nursing careers. When Emory found out about the viral videos mocking patients, they quickly fired the nurses who were involved. 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. 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. We've received your submission. 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 this patient in an episode? She took her loss and won! Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. 35 separate cases were uncovered. A nurse in Florida has been fired after posting photos of a baby born with a birth defect on social media, according to hospital officials. To be clear, this article is not intended to attack Katie in any way. Can You Get an Associate Degree in Nursing Online? 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. 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. This story has been shared 679,840 times. 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. Too Many Absences or Tardies 7. Learn how your comment data is processed. Additionally, if the violation has serious consequences for either a patient or an employer, the case could be referred to a licensing board; while, if the accidental HIPAA violation is considered a criminal act, the nurse could be reported to law enforcement. By Portia Wofford. Termination for a HIPAA violation does not just mean loss of current employment and benefits. 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. 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. Quite a few nurses have been disciplined or fired for inappropriate social media posts, with some cases even making the national news. Patient Abuse or Poor Professional Conduct 2. What are your staff posting on social media? In that case it involved the sharing of photographs of patients on Snapchat. If made aware of a breach in client confidentiality, the actions a charge nurse should take depend on the nature of the breach. The caption for the image reads Man Vs 6 Train The after #lifesaving #EMS #NYC #ER #Nurses #Doctors #nymed #trauma #realLife.. There have been several instances in recent years of nurses who violate HIPAA with social media. Its really just sad," the person wrote. I did see the episode and was totally shocked when she was fired. The failure to report a minor violation could have major consequences. This really makes me think it was a complete set up. I have a whole file for training. I saw that episode of NY MED. Become a Part of the Nurse.org Community! 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. I just wished she used this opportunity to talk about how to use social media appropriately. The nurse was not fired by her employer for a HIPAA violation or break in hospital policy. Required fields are marked *. The list of possible HIPAA violations by nurses is long, although the most common nurse HIPAA violations are listed below. Brittney is the author of, Interviews and Press, Awards and Mentions. Copyright 2014-2023 HIPAA Journal. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Thanks for contacting us. Without knowing the answers to these questions, it is impossible to discuss potential consequences. By consuming any of our content, you agree that you will hold us harmless for actions you made as the result of the data. 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. It is illegal and fineable for nurses and other healthcare professionals to purposely or accidentally release information about patients. 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. Subscribe for the latest nursing news, offers, education resources and so much more! In a recent case, OB nurses from Emory got fired for sharing their patient "icks" on social media. Cancel Any Time. This is a great chance for nurses to learn from the mistakes of one another and put a little more thought into the pictures they take, the statuses they post, and even the times they post them. 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. 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. In addition to civil fines, nurses can also find themselves in trouble in relation to licensure problems. Because none of us are perfect. 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. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. At this point, most hospitals have a social media policy. It came when emergency room nurse Katie Duke was fired for posting a photo to Instagram. Top 6 Reasons Nurses Get Fired 1. IE 11 is not supported. "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. This further suggests that the social media mishap was planned. "My ick is. If you want to play you need to play with some children. In many instances, nurses make HIPAA violations or even post insensitive comments about a patient, hospital, or situation innocently. (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. Columbia (where Katie was fired from) is a unionized hospital. "Every patient at Emory Healthcare deserves to be cared for by a compassionate, experienced team in a comfortable and safe environment," the company said. 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. Katie Duke, a nurse propelled to fame by popular reality show NY Med, was fired for social media. 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? 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. Due to the information contained in the posts and the rarity of the disease, it is possible that the child could have been identified. 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. I felt so bad for her, but she should have known better.. ! She did get a new job at another local ER. Lack of Professionalism Final Thoughts Related Article Emory Healthcare said in its statement that patients should always feel they are being treated with "care and respect.". 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. If reporting the event to a Privacy Officer, the event will be dealt with internally. 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. Just wanted you to know, I saw an episode of NY Med that showed this story at the time she was fired. All other violations of HIPAA are civil offences subject to an employers sanctions policy or sanctions set by HHS Office for Civil Rights. 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. An attorney told WFOR last month that Samuels not only breached the newborns privacy, but also violated the Health Insurance Portability and Accountability Act. 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. We now, however, have in some hospitals a generation of nurses who discard normal ethical nursing behavior to chase after adulation from strangers. 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 . Would you know how to handle a trip to the emergency room? But it can also have big, sometimes unforeseen consequences, even for bold nurses who are on reality shows. 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). Texas Childrens Hospital suspended the nurse when officials found out about her social media posts and an investigation was launched. In the same way that you should not disclose information about your patients, nurses should take care not to post their personal information. 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. man vs 6 train. Is it a possibility it was staged? They say that nursing is a calling, and my mother was called to the field. My take on her social media post was not that she was being insensitive but that it was a warning to anyone thinking they could take on or out run a train. In most cases, if a nurse accidentally violates HIPAA, the consequences are minor, and the nurse does not have a history of accidental violations, the outcome will be a verbal warning and/or refresher HIPAA training.

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