In many instances, nurses make HIPAA violations or even post insensitive comments about a patient, hospital, or situation innocently. HITECH News
The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. What I do know is that she made a choice and has experienced the consequences of that choice. Delivered via email so please ensure you enter your email address correctly. Nurse Katie Duke was fired from a New York City hospital for sending this photo out on Instagram. 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. It could be a mistake to reprimand a member of the workforce for a disclosure that is allowed. Update I was informed that later in the episode it showed Katie Duke working in a new ER and being filmed there. Learn how your comment data is processed. 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. Without knowing the answers to these questions, it is impossible to determine who is at fault for the accidental disclosure. 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. 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. Samuels, who posted several other photos of herself on the job, was placed on administrative leave last month after the photos surfaced. She has such a huge audience and so many nurses that look up to her. Florida nurse fired after posting photos of baby born with birth defect Social Media Post Prompts Firing Ann W. Latner, JD An RN's post online violates a patient's privacy, and she is fired. 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. 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. Looking for a change beyond the bedside? Patient Abuse or Poor Professional Conduct 2. Nurse who 'vented' online found guilty of professional misconduct Regulatory Changes
Brittney is the author of, Interviews and Press, Awards and Mentions. Officials at the Jackson Memorial Hospital in Miami first learned of the incident on Sept. 8, Lidia Amoretti, a hospital spokesperson, told NBC News in an email Saturday. 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. 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. 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. Last year, a St. Louis doctors Facebook complaints about a chronically late patient drew hundreds of outraged comments from Internet posters. If a nursing student violates HIPAA, the consequences can depend on many factors. 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. 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. 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). Nicole Acevedo. I am not sure what hospital administrator would say this wasnt a HIPAA violation. Sounds like a huge setup to me. Nurse Katie Duke has been featured on two seasons of the reality medical drama, "New York Med. We now, however, have in some hospitals a generation of nurses who discard normal ethical nursing behavior to chase after adulation from strangers. The employees were immediately fired for inappropriately viewing or accessing the records of actor Jussie Smollett. Cancel Any Time. 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. that's continuously reviewed to ensure its as relevant and accurate as Ms N could not get the toddler off her mind after she arrived home from. 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. The caption is not needed. Your email address will not be published. This was not staged but there are things that happen behind the scenes that explain the situation. These health care workers say they were fired after raising - NBC News But instead she decided to act as if she was not at fault. 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. The bombs people drop on social media can detonate right away or lurk like hidden land mines. The childs mother had been notified of the privacy breach, hospital officials told WFOR. 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. 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. Whitley Patterson, whose mother passed away at the nursing home, said she does not buy Morris' explanation. Since, she is working at a new facility and being filmed there? Termination for a HIPAA violation does not just mean loss of current employment and benefits. 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. Delivered via email so please ensure you enter your email address correctly. In a recent case, OB nurses from Emory got fired for sharing their patient "icks" on social media. 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. Columbia (where Katie was fired from) is a unionized hospital. 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. They say that nursing is a calling, and my mother was called to the field. 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 have every right to express your opinion, as do the others who have blogged or posted about this situation. Samuels had worked for the Miami-based Jackson Health System since 2016, the station reported. 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. But beyond penalties themselves, remember that you are a representative of your profession. 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). 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. 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.". Florida nurse fired after posting social media photos of newborn baby Duke is certainly not the first medical professional to get herself into trouble on social media. However, she concedes the posting might have upset someone not familiar with the morbid exchanges that can occur in the emergency room. Social media can do many wonderful things for nurses. 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. 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. You can read it in the stills. Never Disclose Your Personal Information. The list of possible HIPAA violations by nurses is long, although the most common nurse HIPAA violations are listed below. Duke also claims that the photo was not even hers, but rather reposted from a doctors Instagram page. "Every patient at Emory Healthcare deserves to be cared for by a compassionate, experienced team in a comfortable and safe environment," the company said. It wasnt even her image. 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.. Texas Children's Hospital nurse fired after post about measles patient It actually filmed her there. That is how it is said. 2. 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. I am not a nurse. 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. If a nurse accidently discloses ePHI due to a Covered Entity failing to implement a technical safeguard, the designation of fault can depend on many factors.
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