Due to the information contained in the posts and the rarity of the disease, it is possible that the child could have been identified. By Portia Wofford. I can understand how someone can be upset but not to the degree they are taking it. 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. If a nursing student violates HIPAA, the consequences can depend on many factors. 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. She has rules for how nurses can keep out of trouble while using social media but also using social media effectively and positively. No nurse is immune to penalties resulting from inappropriate social media sharing. This story has been shared 542,106 times. That is how it is said. Nurse Kenisa Barkai is now suing her former employer, Sinai-Grace Hospital. The caption for the image reads Man Vs 6 Train The after #lifesaving #EMS #NYC #ER #Nurses #Doctors #nymed #trauma #realLife.. 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. Where new information has been made available, I have provided updates and clarification. The nurse also made anti-vaccine comments . What I do know is that she made a choice and has experienced the consequences of that choice. Whitley Patterson, whose mother passed away at the nursing home, said she does not buy Morris' explanation. Last year, a St. Louis doctors Facebook complaints about a chronically late patient drew hundreds of outraged comments from Internet posters. Was the technical safeguard an addressable or required safeguard? Abuse of Prescription or Non-Prescription Drugs 6. This really makes me think it was a complete set up. Become a Part of the Nurse.org Community! She was, she said, showing how life and death situations play out every day in the hospital. What Does VEAL CHOP Stand For in Nursing? But our study also raised important questions about privacy, common. Duke also claims that the photo was not even hers, but rather reposted from a doctors Instagram page. If you want to play you need to play with some children. 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. When Emory found out about the viral videos mocking patients, they quickly fired the nurses who were involved. Play outside of the clock.". Breach of Ethics Nurses are held to high moral and ethical standards. Nurse fired from Sinai Grace for online post, her attorney says she was canned for union organizing. 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. It was the caption, which was very insensitive. Reader Offer: Free Annual HIPAA Risk Assessment, Video: Why HIPAA Compliance is Important for Healthcare Professionals. Get a . Give the world a positive impression of your beloved career. Marian Weber says she . Marian Weber, a travel nurse in Alaska, said the not-for-profit PeaceHealth rescinded her contract after she raised a concern about patient safety. Top Cheap and Fast Online RN to BSN Programs, Affordable Online Nurse Practitioner Programs, Top Direct-Entry Nurse Practitioner Programs, Top Psychiatric Nurse Practitioner Programs, Top Pediatric Nurse Practitioner Programs, Top Acute Care Nurse Practitioner Programs, Top Online Family Nurse Practitioner Programs, Top RN to Psychiatric Nurse Practitioner Programs, Top Womens Health Nurse Practitioner Programs, How to Get an Associate Degree in Nursing. If you are a colleague of a nurse who has violated HIPAA, you should be guided by your employer`s procedures for complying with HIPAA. However, as this incident shows, the patient does not need to be mentioned by name in order for them to potentially be identified. I could never imagine my mother using a hospital floor as her dance floor to garner attention from random people on the Internet. 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. Perhaps I can clarify a little. 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. What happens if a nurse violates HIPAA compliance rules? jQuery( document ).ready(function($) { It could be a mistake to reprimand a member of the workforce for a disclosure that is allowed. But calling her insensitive? The caption is not needed. With over 128,000 followers as of the writing of this update, she is one of the most popular nurses on Instagram. Its not the photo, in my humble opinion, thats the real issue. The nurse, Kelly Morris, said the social media videos in question were just jokes. That I am not sure of. At this point, however, I should probably say was a star, since a recent episode revealed that Katie was fired after posting this photo of a trauma room to her popular Instagram account (thekatieduke). Author: Steve Alder is the editor-in-chief of HIPAA Journal. @NurseBecca thank you so much for your comment Becca. Releasing patient information is a serious problem for nurses. Had the nursing student been given a copy of the Covered Entitys sanctions policy? Without knowing the answers to these questions, it is impossible to discuss potential consequences. It is near impossible to fire a nurse from a unionized hospital in New York. Brittney is the author of, Interviews and Press, Awards and Mentions. Officials at the Jackson Memorial Hospital in. 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. It comes as nurses get ready to stage a 28-hour walkout over pay today. If you make a mistake own it, learn from it and teach others not to make the same mistake. After Faith Linthicum, RN posted that an unarmed black man shot by police "deserved it," Kaiser Permanente decided to part ways with the nurse. Over the last several years, the world has witnessed the explosion of social media and other electronic communication like Facebook, Twitter, Pinterest, and Instagram. 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. Was the nursing student accompanied by a preceptor or supervisor who should have prevented the HIPAA violation? 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. Katie Duke, who has a massive following on Twitter and Instagram, is one of the stars of the ABC hit NY Med. Shake [it] off, you have 5 more hours.. 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. This story has been shared 679,840 times. Lack of Professionalism Final Thoughts Related Article I just wished she used this opportunity to talk about how to use social media appropriately. Katie Duke, a nurse propelled to fame by popular reality show NY Med, was fired for social media. 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. Reality TV is never quite reality, and this social media slip might have been a clever move planned by NY Med for major media and nursing coverage, or by Katie herself to further her growing fame. 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. 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. Even so, the example still has the potential to help many nurses avoid making similar mistakes. Rather than continually refuting any wrong-doing in the situation, I would have liked to see her say You know what, this is what nurses should do in this situation. If a nurse discloses a patients health information for a purpose not allowed by the Privacy Rule, or discloses more than the minimum necessary for the purpose of the disclosure, this is a violation of the Privacy Rule. Nurse Katie Duke was fired from a New York City hospital for sending this photo out on Instagram. 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 . What happens when a nurse breaches confidentiality depends on the nature of the breach and the reason for it. It was poor choice for Katie to post this particular social update. What was the impact of the accidental disclosure? 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. The nurse, Kelly Morris, said the social media videos in question were just jokes. Duke posted the photo with the caption "#Man vs 6 train." Join Today's Emergency Medicine Tweet Chat Today at 1 PM, ET 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. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); 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. A NURSE in North Carolina was suspended after allegedly ridiculing and mocking patients - some of whom were critically ill. professionals to write our content whenever possible. Delivered via email so please ensure you enter your email address correctly. Was this patient in an episode? For example: Should the nurse have known their actions may have resulted in an accidental disclosure of ePHI? Its really just sad," the person wrote. equally, but do you know which nurses are making the most money in 2023? The photo itself tells a story. Social Media Misconduct 5. 2. When shortcuts develop into a cultural norm, HIPAA violations can occur frequently without them being recognized as HIPAA violations. 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. Samuels, who posted several other photos of herself on the job, was placed on administrative leave last month after the photos surfaced. Employers may decide to provide additional training in some cases to ensure the requirements of HIPAA are fully understood. Additionally, if the violation has serious consequences for either a patient or an employer, the case could be referred to a licensing board; while, if the accidental HIPAA violation is considered a criminal act, the nurse could be reported to law enforcement. 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. She did get a new job at another local ER. 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. 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). Download PDF. Your email address will not be published. Cancel Any Time. There is no private cause of action in HIPAA. It came when emergency room nurse Katie Duke was fired for posting a photo to Instagram. "My ick is. The failure to comply with HIPAA Rules can result in significant penalties for HIPAA covered entities. Look her up. At nurse.org, we believe that no one knows nurses better than, well, nurses. Whether this has to do with physician-privilege or the comments on the photo is an unknow, but its worth mentioning. HIPAA-covered entities are unlikely to recruit a nurse that has previously been fired for violating HIPAA Rules. 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. More recently, the pandemic brought about an explosion of cruel, unprofessional online behavior, even among people who ought to know better. Its the unlimited trips to the nursing station for me, said another bemoaning nurse. We worked with CreditCards.com to help nurses find the right card to fit their lifestyle. Emory Healthcare did not immediately return a request for comment on Saturday. 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. All rights reserved. She has rules for how nurses can keep out of trouble while using social media but also using social media effectively and positively. 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. possible. Social media can do many wonderful things for nurses. That means that you can trust us to have reliable, up-to-date information Id never heard of Katie Duke, until this string of blogs. 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. Four days after the nurse was suspended the decision was taken to fire her for the HIPAA violation. 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. Thanks for contacting us. This is a great chance for nurses to learn from the mistakes of one another and put a little more thought into the pictures they take, the statuses they post, and even the times they post them. 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. In the former scenario, the penalty will likely be a warning and refresher training; while, in the latter scenario, this is an act of gross misconduct likely resolved by termination of contract. Since, she is working at a new facility and being filmed there? 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. Is she a bad nurse? 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. 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. 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. A nurses viral TikTok video did exactly this as she recorded herself melodramatically acting shaken with the caption Lost a patient today. Oh, I dont recall them elaborating on that during the show. (CNN) -- An oncology nurse in Oregon who bragged about flouting COVID-19 restrictions in a TikTok video "is no longer employed with Salem Health," the hospital system confirmed to CNN. 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. Looking for a change beyond the bedside? A nurse at a Texas childrens hospital has been fired for violating Health Insurance Portability and Accountability Act (HIPAA) Rules by posting protected health information on a social media website. 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. Later that day, she was fired from her job at New York Presbyterian Hospital, she said. Thanks for the follow up. Thank you for a more balanced discussion of the situation. 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. But the lack of professionalism and empathy these nurses expressed to publicly mock their patients is inexcusable their terminations were warranted. Man vs. 6train So, did this really happen? And just look at her now..a NP and one of the most popular nurse influencers on social media. The lines are way too blurry to point fingers. Katie Duke, a nurse propelled to fame by popular reality show NY Med, was fired for social media. The thirst for social-media attention is generally accompanied by a mentality that rationalizes its acceptable to hydrate the ego at any cost, cheapening the value of decency, decorum and professionalism. 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. 2 Kelly Morris Credit: Instagram Why was a nurse suspended over her TikTok videos? Bidens return to normalcy brought us crazy instea Hunter Biden may be held accountable for first time in his life in baby mama Lunden Roberts' case, Broadway's 'New York, New York' sticks the landing with a thrilling finale, Dems do Dianne Feinstein dirty, but have not done the same to Biden yet, Woman has 'loud, full body orgasm' in the middle of LA concert, Meghan Markle's ailing dad says he refuses 'to be buried by her' in 'final ever' interview, $76K NJ boarding school admits falling 'tragically short' in protecting teen who killed self after bullying, 'rapist' taunts, Kim Kardashian seemingly shades Kourtney's wedding in now-deleted caption. You have every right to express your opinion, as do the others who have blogged or posted about this situation. It highlights just how easy for nurses to make an error that could cause them to lose their job. It came when emergency room nurse Katie Duke was fired for posting a photo to Instagram. 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. She explained that it was a rough experience seeing the boy suffering from the disease. Update I was informed that later in the episode it showed Katie Duke working in a new ER and being filmed there. 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. The TikTok trend originally began as a way for someone to describe why they stopped dating another person. However, in 2017, ProPublica produced areporthighlighting more than fifty patient privacy violations in nursing homes and assisted living facilities. Is it a possibility it was staged? Serious violations of HIPAA Rules, even when committed without malicious intent, are likely to result in disciplinary action, including termination and punishment by the board of nursing. Nicole Acevedo. Samuels Instagram profile, which is marked private, identifies her as a mommy and a dry cereal consumer, a professional book reader and a bipolar lover. She has more than 600 followers. In addition to civil fines, nurses can also find themselves in trouble in relation to licensure problems. Her employers agreed with that stance. Not even nurses who are constantly held on a higher pedestal than others. | The firing of a New York City . If you practice medicine you know this. Because none of us are perfect. The doctor who also works for the hospital was not reprimanded, she said. Breach News I do not know. I did see the episode and was totally shocked when she was fired. It wasnt even her image. I am not a nurse. If you want to support this channel, please visit the following sites below: Cash app: https://cash.me/$Dawson305Paypal Donation Link:https://www.paypal.com. Much like their dance routines, empathy is also performative, and theyll even exploit the death of a patient to display their supposed struggle after managing to lose another one or highlight their strength to constantly overcome this commonplace occurrence in their profession. 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. go-to source for nursing news, trending topics, and educational resources. Over the past ten years there have fewer than 10 confirmed cases in the city. Nurses like this stain the honorable image of the profession that nurses like my mother helped to shape. Copyright 2014-2023 HIPAA Journal. You can read it in the stills. It actually filmed her there. learn from my mistake..
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