The lines are way too blurry to point fingers. She moved to New York and made something of herself. A NURSE in North Carolina was suspended after allegedly ridiculing and mocking patients - some of whom were critically ill. Social Media Post Prompts Firing - Clinical Advisor Regulatory Changes This further suggests that the social media mishap was planned. Nurse Kenisa Barkai is now suing her former employer, Sinai-Grace Hospital. In many instances, nurses make HIPAA violations or even post insensitive comments about a patient, hospital, or situation innocently. 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. For an optimal experience visit our site on another browser. 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. The doctor who also works for the hospital was not reprimanded, she said. It highlights just how easy for nurses to make an error that could cause them to lose their job. See ourprivacy policyfor more information. 10 Reasons Nurses Get Fired From Their Job - Nurse Money Talk NYMed provides snapshots of experiences at NYP. Patient Abuse or Poor Professional Conduct 2. Every profession, including nursing, features aspects we find unpleasant, and its normal to manufacture your own grievances. She did get a new job at another local ER. In my humble opinion, this type of social media is insensitive and inappropriate. See our disclaimer for more information. They can include patient errors, HIPAA violations, causing undue risk for an employer, and social media mistakes. The nurse, Kelly Morris, said the social media videos in question were just jokes. Duke is certainly not the first medical professional to get herself into trouble on social media. Not even nurses who are constantly held on a higher pedestal than others. 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. Katie Duke, a nurse propelled to fame by popular reality show NY Med, was fired for social media. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. 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 . I also saw Katie on an interview on Inside Edition late in the week she didnt seem to admit any wrongdoing just said I cant believe they fired such a caring person. It was poor choice for Katie to post this particular social update. You can read more about accidental HIPAA violations here. Lack of Professionalism Final Thoughts Related Article People often use keywords like I shouldnt violate HIPPA, but that make the inappropriate material pop up on a search for HIPAA. There are a few frequent fliers on my search lists but their employers obviously arent doing the same searches. I am not a nurse. 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. Is she a bad nurse? 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. As unfortunate that is is that Katie was fired over the incident, there is a silver lining here. If reporting the event to a Privacy Officer, the event will be dealt with internally. Ridiculous: Oregon Nurse Loses Job Over Social Media Post That Doesn't Even so, the example still has the potential to help many nurses avoid making similar mistakes. A nurses viral TikTok video did exactly this as she recorded herself melodramatically acting shaken with the caption Lost a patient today. Without knowing the answers to these questions, it is impossible to determine who is at fault for the accidental disclosure. We've received your submission. 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. Breach News For example, some perceived breaches in client confidentiality are permitted by the HIPAA Privacy Rule and by state privacy laws. That means that you can trust us to have reliable, up-to-date information It wasnt even her image. Become a Part of the Nurse.org Community! $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); Others may be a breach of the HIPAA Privacy Rule and/or state privacy laws. 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. A Florida nurse has been fired for posting photos on social media cruelly mocking a newborn with a birth defect, hospital officials said. Get the latest on all things nursing by joining our email newsletter. Making Too Many Mistakes 8. 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). 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. Was the nursing student accompanied by a preceptor or supervisor who should have prevented the HIPAA violation? Brittney Wilson, RN, BSN, also known as The Nerdy Nurse, is an award-winning author and national speaker on social media issues, bullying, and informatics. 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. 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. But the lack of professionalism and empathy these nurses expressed to publicly mock their patients is inexcusable their terminations were warranted. 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. Florida nurse fired after posting photos of baby born with birth defect The bombs people drop on social media can detonate right away or lurk like hidden land mines. I felt so bad for her, but she should have known better.. ! In some cases, the disclosure may also be reported to law enforcement agencies. Learn how your comment data is processed. But instead she decided to act as if she was not at fault. There are many examples of nurses being fired for social media use, but Katies story is one of the most well-known and allows for a very teachable moment. 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. "Everybody knows thats not a joke," she told WXII. In many cases, minor violations of HIPAA Rules may not have negative consequences and can be dealt with internally. Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. HIPAA-covered entities are unlikely to recruit a nurse that has previously been fired for violating HIPAA Rules. 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. 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. Author: Steve Alder is the editor-in-chief of HIPAA Journal. In addition to civil fines, nurses can also find themselves in trouble in relation to licensure problems. 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. Required fields are marked *. The same applies to sharing PHI including photographs and videos of patients via messaging apps such as WhatsApp, Skype, and Facebook Messenger. Your email address will not be published. She explained that it was a rough experience seeing the boy suffering from the disease. A nurse can be held responsible for a HIPAA violation if the non-compliant event occurs frequently in the nursing unit. 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. New York Presbyterian declined to comment on Dukes firing or anyone elses involvement. This really makes me think it was a complete set up. All rights reserved. Reasons Nurses Get Fired 1. BREAKING:U.S. military is tracking another mysterious balloon that flew over parts of Hawaii. learn from my mistake.. Mary, in my opinion the photo wasnt the problem. Follow him on Substack: adambcoleman.substack.com. 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. Because none of us are perfect. Due to the information contained in the posts and the rarity of the disease, it is possible that the child could have been identified. "Dont play with peoples lives. What happens when a nurse breaches confidentiality depends on the nature of the breach and the reason for it. 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. Over the past ten years there have fewer than 10 confirmed cases in the city. Your Privacy Respected Please see HIPAA Journal privacy policy. I do not know. The caption is not needed. What I do know is that she made a choice and has experienced the consequences of that choice. My response to that is that last time I looked, the media was in a different business. Marian Weber says she . We strive to be the Nurse who 'vented' online found guilty of professional misconduct Nurses are under intense pressure to work as efficiently as possible; and, due to this pressure, there may be times when shortcuts are taken with HIPAA compliance in order to get the job done. She is the co-founder of Health Media Academy and is an award-winning author and blogger, international keynote speaker, and influencerin the nursing and healthcare technology communities. 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. Shake [it] off, you have 5 more hours.. Whitley Patterson, whose mother passed away at the nursing home, said she does not buy Morris' explanation. In January, a nursing assistant was fired for sharing videos and photos of abuse of a patient with Alzheimers on Snapchat. 6 Reasons Nurses Get Fired: Social Media Mistakes, and More Get a . It is highly likely that a strong case had already been mounted against Katie for her to be fired. that's continuously reviewed to ensure its as relevant and accurate as Oh, I dont recall them elaborating on that during the show. 35 separate cases were uncovered. Samuels had worked for the Miami-based Jackson Health System since 2016, the station reported. 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. Nurses often use social media platforms to discuss issues around patients, healthcare, and to promote their own profession. As a nurse, it's important to know what you can and cannot post on social media. 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. 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. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. Man vs. 6train So, did this really happen? 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. It could be a mistake to reprimand a member of the workforce for a disclosure that is allowed. Breach News HIPAA Violations 4. When you couldnt visit your sick loved one in the hospital, they were practicing their dance moves because an endorphin hit matters more to a narcissistic monster than showing empathy for your personal sorrows. HITECH News Emory Healthcare said in its statement that patients should always feel they are being treated with "care and respect.". Its the unlimited trips to the nursing station for me, said another bemoaning nurse. Nurses are held to the highest standard in their jobs and profession. 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. Employers may decide to provide additional training in some cases to ensure the requirements of HIPAA are fully understood. Nicole Acevedo. Courtesy Marian Weber. Katie Duke, who has a massive following on Twitter and Instagram, is one of the stars of the ABC hit NY Med. All links on this site may be affiliate links and should be considered as such. 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. Its the caption: Man Vs 6 Train. As if the poor soul who encounter that level of trauma was intentionally playing chicken with an oncoming train. 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. In New Jersey, Jersey Shore University Medical Center fired nurse Adam Witt on March 31 and barred him from entering the hospital campus after he and others posted in a private Facebook group about their fears of contracting COVID-19. What are your staff posting on social media? This story has been shared 542,106 times. 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. Is Katie Duke a good nurse? Youll be the first to know about nursing news, trending topics and educational resources. 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. A large part of me thinks this was all for the show. — -- 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. She is known to be difficult. Nurse's firing over Instagram photo spurs social media debate If reporting the event to HHS Office for Civil Rights, the agency will review the complaint and investigate the violation if it believes the complaint is justified. The caption for the image reads Man Vs 6 Train The after #lifesaving #EMS #NYC #ER #Nurses #Doctors #nymed #trauma #realLife.. 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. I saw that episode of NY MED. "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. 0:34. If the nurse works for a HIPAA Covered Entity, you can report the violation to the Covered Entitys Privacy Officer or HHS Office for Civil Rights. Too Many Absences or Tardies 7. All other violations of HIPAA are civil offences subject to an employers sanctions policy or sanctions set by HHS Office for Civil Rights. Were all human and in her case she was in a stressful environment, plus had TV cameras. Emory Healthcare did not immediately return a request for comment on Saturday. Jussie Smollett Case: 50 Hospital Workers Fired For Alleged HIPAA Look her up. Texas Nurse Fired for Social Media HIPAA Violation For example: Should the nurse have known their actions may have resulted in an accidental disclosure of ePHI? 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). Social media can do many wonderful things for nurses. At HIMSS 2017, the former deputy director of health information privacy at the HHS Office for Civil Rights (OCR) explained that OCR plans to issue guidance on HIPAA and social media and what is and is not acceptable. Top 6 Reasons Nurses Get Fired 1. We've looked at programs nationwide and determined these are our top schools. 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. I could never imagine my mother using a hospital floor as her dance floor to garner attention from random people on the Internet. Due to a high rate of vaccination (94.5%) in Houston, a measles case is very rare. Florida nurse fired after posting social media photos of newborn baby 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. That's why we rely on registered nurses and other experienced healthcare "No one was ever harmed and I treat all my patients with great care and they all love me.". 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. Play outside of the clock.". 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. Im not a HIPAA expert by any means, but I thought it was more than insensitive IMO it was a HIPAA violation. The failure to report a minor violation could have major consequences. There have been several instances in recent years of nurses who violate HIPAA with social media. Heres how to stay out of hot water when sharing about your career on your favorite social platform. After Faith Linthicum, RN posted that an unarmed black man shot by police "deserved it," Kaiser Permanente decided to part ways with the nurse. A nurse at Jackson Memorial Hospital in Miami was fired after posting photos of a baby born with a birth defect over social media in early September, according to multiple local media . I cant be certain that this is the case, but it should be considered when looking at the big picture here. Brittney is the author of, Interviews and Press, Awards and Mentions. 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. However, as this incident shows, the patient does not need to be mentioned by name in order for them to potentially be identified. 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. After receiving the suspension, the nurse appeared to realize that she had shared too much information and deleted several of her posts. 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. Texas Childrens Hospital suspended the nurse when officials found out about her social media posts and an investigation was launched. "I am being bullied and harassed online and these people are mad that Im not going out quietly so they are hitting harder. In that case it involved the sharing of photographs of patients on Snapchat. Social Media Post Prompts Firing Ann W. Latner, JD An RN's post online violates a patient's privacy, and she is fired. 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.". Whether this has to do with physician-privilege or the comments on the photo is an unknow, but its worth mentioning. Again not an expert on HIPAA by any means but from all my years of experience and training thats how I see it. Thank you for a more balanced discussion of the situation. Recently, I lost my father-in-law, and as unexpected as his death was, he did not die in discomfort because of the amazing nurses who cared for him until he passed. Complaints about HIPAA violations submitted to the Office for Civil Rights can be referred to the Department of Justice to pursue criminal penalties, including fines and imprisonment. Just wanted you to know, I saw an episode of NY Med that showed this story at the time she was fired. But she was fired for being insensitive. 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. If you make a mistake own it, learn from it and teach others not to make the same mistake. 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. However, in 2017, ProPublica produced areporthighlighting more than fifty patient privacy violations in nursing homes and assisted living facilities. HIPAA Advice, Email Never Shared 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. 2 Kelly Morris Credit: Instagram Why was a nurse suspended over her TikTok videos? Those nurses empathized with us until the moment he left this earth and chose to mourn his passing alongside us. 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. 'TikTok got me fired': Why was a nurse suspended over her TikToks? Receive weekly HIPAA news directly via email, HIPAA News Social media is a double-edged sword. 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. Columbia (where Katie was fired from) is a unionized hospital. It can make it very hard for a nurse to find alternative employment. 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. Katie Duke, a nurse propelled to fame by popular reality show NY Med, was fired for social media. While the RN never mentioned the patient's name or other information, it isnt every day that a person is hit by a subway and thus a connection could have been made between the Instagram picture and news report involving a specific patient. I rarely heard her complain even in private, and she had a love for the profession and her patients. Furthermore, HIPAA violations by nurses are more likely to be reported to the healthcare facility at which they occurred and resolved internally. 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. 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.
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