We as licensed healthcare professionals are held to a higher standard by licensure and ethical / legal standards such as HIPAA. Were all human and in her case she was in a stressful environment, plus had TV cameras. 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. If health information is not acquired or disclosed under false pretenses and/or for personal gain, the offense is punished as a misdemeanor. "Every patient at Emory Healthcare deserves to be cared for by a compassionate, experienced team in a comfortable and safe environment," the company said. They all sound like HIPAA violations to me. 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. 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. Morris was suspended from her job as a nurse. Regulatory Changes
It can make it very hard for a nurse to find alternative employment. Even so, the example still has the potential to help many nurses avoid making similar mistakes. Learn how your comment data is processed. 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. Emory Healthcare said in its statement that patients should always feel they are being treated with "care and respect.". 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. 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. "Dont play with peoples lives. Just admit you made a mistake and move on. Emory Healthcare did not immediately return a request for comment on Saturday. 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. learn from my mistake.. 0:34. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. Heres how to stay out of hot water when sharing about your career on your favorite social platform. The photo itself tells a story. 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. 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. We strive to be the The same applies to sharing PHI including photographs and videos of patients via messaging apps such as WhatsApp, Skype, and Facebook Messenger. 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. 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. If you hung around nurses station and heard the way we talk about injuries, life and death you might get the wrong impression but its just a coping mechanism. She said. Social media can do many wonderful things for nurses. Nurse Katie Duke has been featured on two seasons of the reality medical drama, "New York Med. BREAKING:U.S. military is tracking another mysterious balloon that flew over parts of Hawaii. 10 Reasons Nurses Get Fired From Their Job - Nurse Money Talk 'TikTok got me fired': Why was a nurse suspended over her TikToks? 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. However, in 2017, ProPublica produced areporthighlighting more than fifty patient privacy violations in nursing homes and assisted living facilities. Again not an expert on HIPAA by any means but from all my years of experience and training thats how I see it. Was the technical safeguard an addressable or required safeguard? We now, however, have in some hospitals a generation of nurses who discard normal ethical nursing behavior to chase after adulation from strangers. 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. Politics latest updates: Union leader Pat Cullen says nurses are pushed She took her loss and won! All other violations of HIPAA are civil offences subject to an employers sanctions policy or sanctions set by HHS Office for Civil Rights. "Everybody knows thats not a joke," she told WXII. A NURSE in North Carolina was suspended after allegedly ridiculing and mocking patients - some of whom were critically ill. 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. These rules nurses should use while utilizing social media include: Posting patients by name or providing enough information that patients might be identified can get you in a lot of trouble. In some cases, the disclosure may also be reported to law enforcement agencies. 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. 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. In addition to civil fines, nurses can also find themselves in trouble in relation to licensure problems. man vs 6 train. OB nurses from Emory got fired for sharing their patient "icks" on social media. 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). Ms N could not get the toddler off her mind after she arrived home from. 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. The lines are way too blurry to point fingers. If they are that thirsty for attention, they should quench their thirst in another profession. For example, some perceived breaches in client confidentiality are permitted by the HIPAA Privacy Rule and by state privacy laws. The nurse, Kelly Morris, said the social media videos in question were just jokes. Its nomenclature. Its the unlimited trips to the nursing station for me, said another bemoaning nurse. After receiving the suspension, the nurse appeared to realize that she had shared too much information and deleted several of her posts. Last year, a St. Louis doctors Facebook complaints about a chronically late patient drew hundreds of outraged comments from Internet posters. The caption is not needed. Know the facts. When Emory found out about the viral videos mocking patients, they quickly fired the nurses who were involved. This really makes me think it was a complete set up. 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. A good rule of thumb is to keep work and private lives separate, and never to post any information about patients on a social media platform, even if you do not think that a patient could be identified from the post. It can be used to hold people to account for discriminatory views, comments or actions. 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. Cancel Any Time. 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. Releasing patient information is a serious problem for nurses. Breach News
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I cannot claim to know what was going on in her head when she posted that photo, I can only express my opinion. In the video, another nurse says her "ick" is when the mother says she doesnt want pain medication but you are at an eight out of 10 pain. Another nurse says: "The dad comes outside and asks for a paternity test right outside the room door., One of the nurses talks about family members coming up to the nurse's station every five minutes and the father going room to room between one baby mama and your other baby mama., Emory Healthcare said the video was "disrespectful and unprofessional," and does not "represent our commitment to patient-family-centered care.". 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. 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. That's why we rely on registered nurses and other experienced healthcare 2 Kelly Morris Credit: Instagram Why was a nurse suspended over her TikTok videos? 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. Where the HIPAA violation represents gross misconduct with serious consequences for either a patient or an employer, a nurse could also be reported to their licensing board; while a criminal violation (under 1177 of the Social Security Act) will likely be referred to law enforcement. Had the actions been covered in security and awareness training? Posting any protected health information on social media websites, even in closed Facebook groups, is a serious HIPAA violation. Nurses can talk about themselves, the nursing profession, their families, hobbies, and interest, Nurses should aim to uplift the nursing profession in their posts, Become keenly aware of your employers social media policies, Realize that nothing online is ever really anonymous, Never talk about patients or identifiable coworkers, Avoid identifying your employer on your social media profiles, Dont post anything online that you wouldnt say in front of your boss or human resources, Dont post online that you are at work as this could put you and your home at risk, Dont use the employers internet to post on social media sites--just dont post to social media while at work, Dont identify your employer on your personal profiles, Dont do anything you would be embarrassed to say to your mother, your clergy, your boss, or a potential employer, Dont do anything that could degrade or embarrass your profession. But our study also raised important questions about privacy, common. 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. 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. @NurseBecca thank you so much for your comment Becca. I could never imagine my mother using a hospital floor as her dance floor to garner attention from random people on the Internet. I did see the episode and was totally shocked when she was fired. My ick is when you ask me how much the baby weighs and its still in your hands, a second nurse says. Sign up to receive the latest nursing news and exclusive offers. 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. Update I was informed that later in the episode it showed Katie Duke working in a new ER and being filmed there. 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. Would you know how to handle a trip to the emergency room? Author: Steve Alder is the editor-in-chief of HIPAA Journal. 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. But the lack of professionalism and empathy these nurses expressed to publicly mock their patients is inexcusable their terminations were warranted. Over the past ten years there have fewer than 10 confirmed cases in the city. Four labor and delivery nurses at an Atlanta hospital came under fire over a TikTok video in which they shared the things that annoy them about expecting mothers and their families. A criminal complaint was filed and the nursing assistant faces up to three and a half years in jail if convicted. As unfortunate that is is that Katie was fired over the incident, there is a silver lining here. HIPAA-covered entities are likely to report such incidents to law enforcement and investigations will be launched. We have investigated the situation and taken appropriate actions with the former employees responsible for the video, the company said in an Instagram post. The Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules must be followed by all covered entities and their business associates. Shake [it] off, you have 5 more hours.. 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. I sincerely wish that Katie had used this opportunity as a teachable moment. It came when emergency room nurse Katie Duke was fired for posting a photo to Instagram. Texas Children's Hospital nurse fired after post about measles patient A single Google search for Nurse fired for social media will yield plenty of results. 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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. A NURSE in North Carolina was suspended after allegedly ridiculing and mocking patients - some of whom were critically ill. 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. In many cases, minor violations of HIPAA Rules may not have negative consequences and can be dealt with internally. These Health Care Workers Spoke Out. Their Hospitals Fired Them. - HuffPost 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? Employers may decide to provide additional training in some cases to ensure the requirements of HIPAA are fully understood. Knowledge is power, and you need to know what may put your employment at risk. We can all learn from her mistake and her perseverance. Nurse Kenisa Barkai is now suing her former employer, Sinai-Grace Hospital. The nurse also made anti-vaccine comments . 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 . In the same way that you should not disclose information about your patients, nurses should take care not to post their personal information. Thanks for contacting us. Employees who violate these privacy rules, despite being educated, are subject to disciplinary action included suspension or termination, hospital officials told WFOR. 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. Had the nursing student been given a copy of the Covered Entitys sanctions policy? Mary Krusi Dyke DRozario I think that many nurses (and other employees) are getting by with a lot more on social media than they would be able to if their employers monitored their activity more often. ", 2020 THE SUN, US, INC. ALL RIGHTS RESERVED | TERMS OF USE | PRIVACY | YOUR AD CHOICES | SITEMAP. The Highest Paying Jobs For Nurses With a BSN, Types of Masters in Nursing Degrees & Specialties, Pros & Cons of Getting a Master's Degree in Nursing, Nurse Practitioner vs Physician Assistant, Highest Paid Nurse Practitioner Specialties, How to Conduct a Nursing Head-to-Toe Assessment, How to Read an Electrocardiogram (EKG/ECG), Understanding and Interpreting the Glasgow Coma Scale, Complete List of Common Nursing Certifications. 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. Im not a HIPAA expert by any means, but I thought it was more than insensitive IMO it was a HIPAA violation.