Others may be a breach of the HIPAA Privacy Rule and/or state privacy laws. 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. It seems so many people want to denigrate Katie Duke, from her choice to post the photo being discussed to the measurement of her waistline. Even Katie has used social media to catapult herself as a personal brand and grow a huge following online. Follow him on Substack: adambcoleman.substack.com. What happens if a nurse violates HIPAA compliance rules? 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. 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. If reporting the event to a Privacy Officer, the event will be dealt with internally. 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 $25 million in Cartier jewels, Stanley Tucci used feeding tube for 6 months during brutal cancer battle, Ireland Baldwin tricks Paris Hilton, Hilary Duff and more stars into thinking she gave birth, NY Post Sports Reporter Zach Braziller breaks down the Knicks game 1 loss to the Heat, Elon Musk Tells Bill Maher Woke Mind Virus Is Dangerous On Real Time, Scott Disick steps out in NYC with Penelope, North West ahead of Met Gala. Four labor and delivery nurses at an Atlanta hospital came under fire over a TikTok video in which they shared the things that annoy them about expecting mothers and their families. Marian Weber says she . Jussie Smollett Case: 50 Hospital Workers Fired For Alleged HIPAA Duke also claims that the photo was not even hers, but rather reposted from a doctors Instagram page. jQuery( document ).ready(function($) { There is no private cause of action in HIPAA. Nurse fired from Sinai Grace for online post, her attorney says she was canned for union organizing. Last year, a St. Louis doctors Facebook complaints about a chronically late patient drew hundreds of outraged comments from Internet posters. "All my videos are comedy skits. Emory Healthcare did not immediately return a request for comment on Saturday. I could see having to go to a social media sensitivity class or something, but I sympathized in shock and my heart went out to her. 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. 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. He is a specialist on healthcare industry legal and regulatory affairs, and has several years of experience writing about HIPAA and other related legal topics. 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. "To be belittled and mocked during that experience is outright unacceptable. 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. Breach News Was the technical safeguard an addressable or required safeguard? Nurses are in the compassion industry, and their decision to record, verbalize and publish their grievances publicly portrays compassionless behavior we should not reward or excuse. Politics latest updates: Union leader Pat Cullen says nurses are pushed The list of possible HIPAA violations by nurses is long, although the most common nurse HIPAA violations are listed below. I just wished she used this opportunity to talk about how to use social media appropriately. The HIPAA Privacy Rule places restrictions on the allowable uses and disclosures of protected health information. In the same way that you should not disclose information about your patients, nurses should take care not to post their personal information. Thank you for a more balanced discussion of the situation. She has launched social media training programs, nurse travel and excursion, her very own scrub line, and a wildly popular podcast. I cannot claim to know what was going on in her head when she posted that photo, I can only express my opinion. Know the facts. They say that nursing is a calling, and my mother was called to the field. Check out our list of the top non-bedside nursing careers. 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. 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). If any personally identifiable protected health information is posted on social media without consent first being obtained from the patient, it constitutes a violation of the HIPAA Privacy Rule. Your intestines posed to be inside not outside baby! Samuels sickening post read, WSVN reported last month. Nicole Acevedo. 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. Officials at the Jackson Memorial Hospital in. 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. Content on this site is for entertainment purposes and does not constitute medical advice. Katie Duke states that when she was dismissed from her job of nearly 7 years that she wasnt fired for committing a HIPAA violation or for breaking any hospital policies, but for being insensitive. However, she concedes the posting might have upset someone not familiar with the morbid exchanges that can occur in the emergency room. 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. Regulatory Changes Nurses sacked after posting pictures of themselves online wearing 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). 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. Again not an expert on HIPAA by any means but from all my years of experience and training thats how I see it. 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. 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. A NURSE in North Carolina was suspended after allegedly ridiculing and mocking patients - some of whom were critically ill. Four days after the nurse was suspended the decision was taken to fire her for the HIPAA violation. In addition to civil fines, nurses can also find themselves in trouble in relation to licensure problems. Your Privacy Respected Please see HIPAA Journal privacy policy. This story has been shared 542,106 times. In a recent case, OB nurses from Emory got fired for sharing their patient "icks" on social media. This time it looks like she didnt exercise the best judgment when it comes to using social media as a healthcare professional and has consequently been forced to deal with her own inappropriate actions. It could be a mistake to reprimand a member of the workforce for a disclosure that is allowed. What happens if a nurse violates HIPAA accidently depends on the nature of the violation, the consequences of the violation, the employers sanctions for HIPAA violation, and the nurses previous history of accidental HIPAA violations. The Social Media Trap - Working Nurse Is she a bad nurse? She did get a new job at another local ER. 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. She was, she said, showing how life and death situations play out every day in the hospital. Get a . 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. jQuery( document ).ready(function($) { What Does VEAL CHOP Stand For in Nursing? — -- 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. Katie Duke NY Med - Nurse Fired for Social Media The nurse also made anti-vaccine comments . 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. Too Many Absences or Tardies 7. She is known to be difficult. In that case it involved the sharing of photographs of patients on Snapchat. professionals to write our content whenever possible. 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. Even so, the example still has the potential to help many nurses avoid making similar mistakes.
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