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. I sincerely wish that Katie had used this opportunity as a teachable moment. And just look at her now..a NP and one of the most popular nurse influencers on social media. That's why we rely on registered nurses and other experienced healthcare 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. Its the unlimited trips to the nursing station for me, said another bemoaning nurse. Know the facts. For example: Had the nursing student received adequate training before being exposed to PHI/ePHI? Learn how your comment data is processed. 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. 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. 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. If you make a mistake own it, learn from it and teach others not to make the same mistake. 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. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); The nurse also made anti-vaccine comments . Come chat about it with Dr. Richard Besser, ABC News chief health and medical correspondent as well as the stars and producers of New York Med. Every profession, including nursing, features aspects we find unpleasant, and its normal to manufacture your own grievances. The employees were immediately fired for inappropriately viewing or accessing the records of actor Jussie Smollett. 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. 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. She moved to New York and made something of herself. "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. However, she concedes the posting might have upset someone not familiar with the morbid exchanges that can occur in the emergency room. Employers may decide to provide additional training in some cases to ensure the requirements of HIPAA are fully understood. 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. 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. This article is written not to attack Katie, but instead, share a very public example of how nurses can easily be fired for inappropriate social media use. 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. 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. Had the actions been covered in security and awareness training? Sounds like a huge setup to me. This further suggests that the social media mishap was planned. 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. Samuels, who posted several other photos of herself on the job, was placed on administrative leave last month after the photos surfaced. jQuery( document ).ready(function($) { It can be used to hold people to account for discriminatory views, comments or actions. 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. 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. 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. 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. I just wished she used this opportunity to talk about how to use social media appropriately. Adam B. Coleman is the author of Black Victim to Black Victor and founder of Wrong Speak Publishing. For example, some perceived breaches in client confidentiality are permitted by the HIPAA Privacy Rule and by state privacy laws. 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. 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. 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. However, Katie is resilient. The childs mother had been notified of the privacy breach, hospital officials told WFOR. A nurse can be held responsible for a HIPAA violation if the non-compliant event occurs frequently in the nursing unit. HIPAA Advice, Email Never Shared 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. If you are a patient (or family member), the first thing to find out is if the nurses employer is a HIPAA Covered Entity. The doctor who also works for the hospital was not reprimanded, she said. Man vs. 6train So, did this really happen? 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. Nurses who accidentally release patient information can be fined anywhere from $100 to $50,000 civil fine. OB nurses from Emory got fired for sharing their patient "icks" on social media. 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. This story has been shared 542,106 times. Top 6 Reasons Nurses Get Fired 1. Too Many Absences or Tardies 7. 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. 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. The list of possible HIPAA violations by nurses is long, although the most common nurse HIPAA violations are listed below. 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. 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. It was the caption, which was very insensitive. However, as this incident shows, the patient does not need to be mentioned by name in order for them to potentially be identified. Sharing protected health information on social media websites should be further explained. In January, a nursing assistant was fired for sharing videos and photos of abuse of a patient with Alzheimers on Snapchat. Katie Duke, a nurse propelled to fame by popular reality show NY Med, was fired for social media. 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. Whether this has to do with physician-privilege or the comments on the photo is an unknow, but its worth mentioning. Author: Steve Alder is the editor-in-chief of HIPAA Journal. In many instances, nurses make HIPAA violations or even post insensitive comments about a patient, hospital, or situation innocently. 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. 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. 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. "I am being bullied and harassed online and these people are mad that Im not going out quietly so they are hitting harder. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. 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. Never Disclose Your Personal Information. 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. Its not some dramatic social media driven statement to evoke anything. Is it a possibility it was staged? Social Media Misconduct 5. Its really just sad," the person wrote. Had the nursing student been given a copy of the Covered Entitys sanctions policy? Nurse Katie Duke was fired from a New York City hospital for sending this photo out on Instagram. 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). Play outside of the clock.". 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. Duke is certainly not the first medical professional to get herself into trouble on social media. Katie Duke, a nurse propelled to fame by popular reality show NY Med, was fired for social media. 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. There is no private cause of action in HIPAA. 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. Your Privacy Respected Please see HIPAA Journal privacy policy. See our disclaimer for more information. Accidental HIPAA violations by nurses happen, even when care is taken to follow HIPAA Rules. Can You Get an Associate Degree in Nursing Online? Where new information has been made available, I have provided updates and clarification. Is Katie Duke a good nurse? She is known to be difficult. equally, but do you know which nurses are making the most money in 2023? Business associates of covered entities can also be fined directly for HIPAA violations, but what about individual healthcare workers such as nurses? 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