Nurses Who Violate Hipaa With Social Media

While it may seem harmless if a name is not mentioned, someone may recognize the patient and know the doctor's specialty. Nurses Who Breach HIPAA with Social Media. A Nurse's Guide to the Use of Social Media T he use of social media and other electronic communication is expanding exponentially as the number of social media outlets, platforms and applications available continue to increase. A nurse at a Texas children's hospital has been fired for violating HIPAA by posting protected health information on a social media website. Home Fraud, Waste, and Abuse HIPAA Violation: Employee Fired Over Social Media Post A dramatic reminder has come with the news that a North Carolina medical technician, Olivia O'Leary, 24, has lost her job after contravening the Health Insurance Portability and Accountability Act (HIPAA) by posting about the cause of death of an accident. Patients who seek legal redress must find another cause of action, which is easier in some states than others. infection control while using mobile information technology. Our Philadelphia HIPAA and privacy violations attorney from The Weitz Firm, LLC, says that your private medical information is protected by federal and state law. Talking about a patient in a public area where others can hear you is a HIPAA violation. The nurse worked in the pediatric ICU/ER unit of the Texas Children's Hospital. A nurse who is commenting about work is not violating HIPAA, but including any identifying patient information, such as an X-ray, is a clear and flagrant abuse of client trust and confidentiality. And finally, the notorious cases of providers behaving badly on social media offer lessons, but HIPAA and HITECH shouldn't deter hospitals from using social media, which can be a powerful tool. For healthcare professionals, social media can prove an extremely risky place to. There will be different ways of protecting information for nurses than there are for customer service personnel or receptionists based on their individual responsibilities. Lowell General Hospital’s Marketing and Public Relations Department oversees and moderates the hospital Facebook, Twitter and other social media pages and reserves the right to remove comments and block posters who do not comply with our Commenting Policy, as outlined below. School of Nursing. Individuals use blogs, social networking sites, video sites, online chat rooms and forums to. 6, 2011 As health care providers, we all know that HIPAA (Health Insurance Portability and Accountability Act of 1996) is important and that patient privacy is a priority. Even a well-intentioned surgeon posting photos of breasts and genitalia on social media must consider that the interpretation of such photos is largely contingent on context. An example of a HIPAA law violation that resulted in heated litigation occurred in Kentucky in May of 2013 in the matter of Hereford (Dianna) vs. It's vital to prevent these situations from occurring in the first place, but how? Establishing Social Media Policy At MedTrainer, we can help you establish a proactive social media policy that's realistic and effective. Health care providers, learn how much violations can cost you and your employer. Common examples of social media HIPAA and CMIA violations include: 2. Once you're educated on how to avoid HIPAA violations, you'll see that social media can still benefit your business and that you don't need to be afraid of 'being social'! Angela Woltman is CEO of eSpark Media, an Omaha-based company specializing in social media marketing, website design, SEO and professional content writing. 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. A nurse HIPAA violation alleged by a patient of Norton Audubon Hospital culminated in the termination of the registered nurse's employment contract. Health Insurance Portability and Accountability Act (HIPAA) Education Developed Fall 2013 by: Emily Anderson MSN Clinical Nurse Specialist Student. With the rise of nurses who have become social media influencers, many nurses are sharing their daily lives via pictures, stories, and status updates on Facebook, Instagram, Twitter, etc. Both nurses were fired but no charges filed because the nurse took down her social media page and no evidence of a HIPAA violation was found. If a covered entity was found to violate HIPAA, they must take corrective actions and may be fined or subject to criminal prosecution. There are 18 patient identifiers that are off. Examples of HIPAA Violations on Social Media Inappropriate social media conduct can lead to tomorrow's headlines. Explore Davenport Memorial Home's board "HIPAA Humor" on Pinterest. Inappropriate use of social media by nurses causes concerns for employers, educators, and regulators. However, a physician cannot post on Facebook “hey… your syphilis tests just came back negative” – that would be a HIPAA violation. Social media has become so widely used that the Pew Research Center's latest study found that 68% of all adults living in the US use Facebook with other social media channels such as Twitter and Instagram rating higher than they ever have before. The meaning and value of social media continue to be debated among business leaders, computer science scholars, educators, and users. Hippa and Nursing Essay 972 Words Oct 29, 2006 4 Pages HIPAA and Nursing Catherine L. I think in this case, with the nurse being anti-vaxx, the post gained way more attention than it normally would have. HIPAA and Social Networking is a 1 hour continuing education course that examines the trends in social media and how health care professionals can protect themselves from HIPAA violations. Former Hospital Employee Sentenced for HIPAA Violations. Two nurses took pictures of a patient's x-rays showing a sex device lodged in his rectum with their cell phones and one of the nurses posted the pictures on a social media site. Some doctors and nurses use social media to share embarrassing photos of and information about patients. What Happens If You Violate HIPAA. This document is intended to assist Kasiska Division of Health Sciences (KDHS) students, faculty and staff in using electronic media in a manner that maintains appropriate boundaries and. Considering the seriousness of HIPAA violations, employees should be encouraged to eliminate job-related posts on social media. net), content communities (such as YouTube and Flickr. Check out the accompanying infographic from abeo to learn what the top ten HIPAA violations are and how to avoid them. SOCIAL MEDIA AND RESPONDING TO PATIENT COMPLAINTS Internet and social media sites, such as Facebook or provider rating sites, present both opportunities and challenges for the medical profession. Create a social media policy. A nurse HIPAA violation alleged by a patient of Norton Audubon Hospital culminated in the termination of the registered nurse’s employment contract. The mere existence of a patient-physician relationship (e. Follow ethical guidelines; this is the first ANA principle for social networking. Recognizing the risks and consequences of using social media. Here’s a glance at the top 10 social media sites for healthcare providers. Does This Facebook Post Violate HIPAA? Carolyn Buppert, MSN, JD. Department of Health and Human Services (HHS). Facebook, Twitter, YouTube, LinkedIn, Tumblr, Foursquare, Pinterest…as the number of social networking outlets grows, so does the number of users. Obviously, you want to steer clear of posting any sort of personal identifier, like a patient’s name or photo. Taking on the force of social media can seem insurmountable, but providers have had great success with social media compliance culture campaigns. The current law was first enacted in 1996. Because nurses often get to know their patients from day to day contact, the potential to connect with one another on social media is always present. - HIPAA prevents nurses from posting information about patients on social media - HIPAA does not allow a hospital to display the patient’s name on the door of his room Rationale. Under HIPAA, a physician may use and disclose PHI for treatment, payment or healthcare operations. Increased violations of privacy are largely attributed to the fact that medical records are now digitalized and electronically available (and poorly encrypted) and the presence of social media. HIPAA and Nursing Catherine L. Since the popularity of social media sites has increased, more and more healthcare staff and employees have faced fines and sanctions for their misbehavior through social media. This joint notice applies to the staff, volunteers, business associates, and physicians who provide services on behalf of any BayCare Health System hospital, outpatient center, behavioral health center, home care/durable medical equipment (DME) service, skilled nursing facility or affiliated physician group (BayCare Health System Entities and Providers). Understand the Financial Impact of a Security Breach. Manage information posted onto your social media – Although you should not be held accountable for guest posts that violate HIPAA regulations, healthcare practitioners are subject to a different set of standards under the healthcare privacy realm. Nurses Posting on Social Media: A How-To Guide. The penalties for a HIPAA violation can be sever with both civil and criminal penalties that can be enforced by the U. School of Nursing. The rapid growth of social media use in the workplace poses significant challenges to nursing homes and other long-term care communities (LTCs). The time when social media involved only Facebook and Myspace has changed, and with that change comes a risk to healthcare providers for HIPAA violations. In addition, when people who read your social comments know you are a student in a nursing or allied health program, comments related to clinical experience reaches beyond the people who read your comments and can be a violation of HIPAA. Home Fraud, Waste, and Abuse HIPAA Violation: Employee Fired Over Social Media Post A dramatic reminder has come with the news that a North Carolina medical technician, Olivia O'Leary, 24, has lost her job after contravening the Health Insurance Portability and Accountability Act (HIPAA) by posting about the cause of death of an accident. 5 million dollars and can be imposed on the violating institution and the individual employees involved. This can be a HIPAA violation but none of us can determine that. HIPAA and Nursing Catherine L. A nurse asks the following social media question: I made a comment on my Facebook page about a patient, but I didn't name her. All other disclosures must have a valid authorization. Tips On Social Media Use For Health Care Employers discriminatory or harassing social media behavior. In order to help minimize HIPAA violations resulting from employees’ social media use, health care organizations should implement policies that specifically address the issues associated with social media use. Proper training, including nurse education videos regarding social media usage, can help protect patients and professionals alike. As the employer, you’re responsible for any HIPAA violations, so it’s best to establish social media policies and procedures and to be sure your staff understands and follows them. As with all complaints received by the Board regarding potential violations of the. In the shadow of the social media revolution, a disturbing trend has begun to emerge of LTC employees posting and sharing degrading images of their residents on social media. These regulations apply to comments made on social networking sites, and violators are subject to the same disciplinary action as with other HIPAA violations. - HIPAA prevents nurses from posting information about patients on social media - HIPAA does not allow a hospital to display the patient’s name on the door of his room Rationale. Recognize patient safety risks associated with use of. Each student is responsible for his or her postings on the Internet and in all varieties of social media. HIPAA does not give people the right to sue for damages if their privacy is violated. Text messaging is. "Obviously a provider or other medical employee would face violation if these were taken and released, but what about something coming back to us that originated from a non-medical providers phone. Nurse fired for off-duty post on Facebook. Violations can involve texting, social media, mishandling of records, illegal access of patient files, or breaches that arise from social situations. The social media post has since been deleted, along with much of the page's previous content. HIPAA Rules in a Company Workplace. The HIPAA standards were enacted as a federal law in 1996 and are coded in Public Law 104-191 (45 CFR, Parts 160, 162, and 164). Again, these violations are serious but simple to avoid with the right preparation and communication. The current law was first enacted in 1996. Nursing students (and nurses) are obligated to be aware of the benefits and potential consequences of engaging in the use of. By Jennifer Larson, contributor. "Posting protected health information that violates HIPPA compliance or hospital policies is a sure path to termination," Milligan says. , for $150,000 over alleged violation of HIPAA privacy, security and breach notification rules. Here's how. Keep work talk off social media. To minimize liability exposure, counsel for hospitals and physicians using social media should guide clients in the adoption, implementation and enforcement of a social media policy that ensures compliance with HIPAA and other applicable federal and state laws. Social Media Can Help or Hurt Your Career. Policy: Indiana Southeast logos may not be used on any social media without the approval of the Indiana University Southeast School of Nursing. Protecting electronic PHI isn't difficult, but you need to recognize what's safe and what's risky. However, the inappropriate use of social media by nurses is causing concern among. Use examples. Aviso de Privacidad - En este aviso se describe de qué manera se puede utilizar y revelar la información médica sobre usted y cómo usted puede obtener acceso a. Follow ethical guidelines; this is the first ANA principle for social networking. A review found 35 cases since 2012 in which nursing home or assisted living workers surreptitiously shared photos or videos of residents on social media. I think probably what got them in trouble was that they listed their places of employment and occupations in their social media account profiles. To be on the safe side, delete information that is protected or considered private under HIPAA. While there are several excellent guidelines and policies on this topic, there isn't a whole lot of. Last year, a little over 100 miles down the 405 from Santa Clarita, five Oceanside, Calif. She didn't violate HIPAA. ” Social media has a negative connotation when it comes to information being shared inappropriately by nurses, or other clinicians, on their personal social media outlet such as Facebook. A post as simple as "our nursing staff saved the life of a young man suffering from multiple wounds last night" violates HIPAA as individuals could potentially figure out the. This is a complex and rapidly evolving area of the law, so it would be very wise to consult closely with an attorney when drafting your own social media policy. This encompasses patient information which is written, verbal or electronically communicated. Take a look and decide for yourself which ones might be worth a try. Like in-person relationships, the nurse has an obligation to establish, communicate and enforce professional boundaries with patients in the online environment. By Alan Neuhauser , Staff. ICEA’s 5 Tips to Avoid HIPAA Problems with Social Media 1. (See the sidebar below for examples of social media snafus. com is no exception — are the best way to interact with patients. In 2012, the National Council of State Boards of Nursing (NCSBN) conducted a survey of Boards of Nursing (BONs). There have been a couple of widely-publicized cases recently of physicians divulging patient information in social media. Nurses must maintain professional boundaries in the use of electronic media. During this time, Hippler obtained protected health information with the intent to use it for personal gain. Social media provide HCPs with tools to share information, to debate health care policy and practice issues, to promote health behaviors, to engage with the public, and to educate and interact with patients, caregivers, students, and colleagues. What Is Right and Wrong When it Comes to Posting Medical Pictures Online? As a medical professional, you deal with confidential information every day. If a physician were to use or disclose a patient's PHI without permission, this would be a violation of HIPAA—and likely state law as well. If you unknowingly share. We ask that you treat others with respect, even if disagreements occur. Jamie has been working in hospice care for the. Social media has its place today. The National Council of State Boards of Nursing created a social media quiz to help nurses understand the scope of patient privacy and nurses’ obligations when using social and electronic media. Always use a pseudonym on social media sites d. The pediatric nurse posted comments on Facebook about a rare case of measles at the hospital. Home » Blog » Healthcare Marketing » Keep Your Healthcare Marketing on the Safe Side of HIPAA and Other Legal Issues. Confidentially is required and no information can be released without consent of the parent, or athlete if he is of legal age. (45 CFR 164. Separate your personal and professional entities on Facebook. By Mathew Keller RN JD, Regulatory and Policy Nursing Specialist. High-profile cases, i. Of course, public notification was required, but most concerns stopped after a few traditional media announcements. [1] If you thought. Sharing protected health information on social media platforms should be further explained. Department of Health and Human Services (HHS). In 2011, the National Council of State Boards of Nursing published White Paper: A Nurse's Guide to the Use of Social Media (National Council of State Boards of Nursing, 2011) and the American Nurses Association published ANA's Principles for Social Networking and the Nurse (American Nurses Association, 2011). In the World War II era, the phrase was "loose lips sink ships". Place was a shambles. Increased violations of privacy are largely attributed to the fact that medical records are now digitalized and electronically available (and poorly encrypted) and the presence of social media. How Does Social Media Affect a Human Resources Professional? Advancements in information technology like the widespread use of social media platforms have affected businesses across all industries and dramatically changed the way human resource professionals do their jobs. In order to better understand how social media, HIPAA violations and compliance in your medical practice should be handled, we have put together a list of the Do's and Don'ts of Social Media and HIPAA Compliance. If a physician were to use or disclose a patient’s PHI without permission, this would violate HIPAA (and likely state law). HIPAA & Social Media, Mobile Devices, Email and Faxes Training Summary HIPAA law covers PHI in electronic format this includes all social media platforms such as, Facebook, Twitter, Snapchat, and Instagram. The video ended up posted to the social media site 'Snapchat'. Social media training, privacy awareness training, security training, HIPAA training, FERPA. A nurse HIPAA violation alleged by a patient of Norton Audubon Hospital culminated in the termination of the registered nurse’s employment contract. Learn more about managing negative online reviews from patients. the Associated Press. ESPN is not obligated to protect the information under HIPAA so they can not violate it. For many travel nurses social media has become a place to "vent" or share experiences. The six questions also urge caution when using social media and warn that inappropriate use can result in disciplinary action, including loss of one’s nursing license. Being cautious of what you post on social media shouldn't stop you from posting completely, however. While your post may not violate HIPAA, there is a potential for it to violate any social media policy set forth by your facility. Text messaging is. Social Media Policy & Guidelines. Nurses at an assisted living facility in Glendale are facing backlash for filming and making fun of elderly patients. Here are a few examples of HIPAA violations on social media: Two nurses take photos of x-rays of a patient who was admitted to the emergency room with an object lodged in his body. net), content communities (such as YouTube and Flickr. My responsibility under HIPAA includes: Handling PHI as if it were my own Disposing of scrap paper and other documents with PHI by shredding or confidential disposal Accessing PHI, only the minimum necessary, to do my job Discussing potential violations or any HIPAA concerns with my supervisor, manager or the. Here's how. Never post patient photos on social media, even in a closed or private group. Knowingly. I've undergone extensive training on the subject. School of Nursing. Although HIPAA does not provide for a private. HIPAA and Social Media: Avoiding Costly Mistakes A nurse writes an angry blog post about an alleged cop-killer who is being treated at the hospital where she works, but does not name the. Social media refers to the interactions among people in which they create, share, and exchange information and ideas in virtual communities and networks. 05 Social Media Hill College Vocational Nursing has a zero tolerance rule for social media violations. Your HIPAA social media policy should discuss social media rules for both work devices and personal ones. HIPAA and Nursing Catherine L. In an effort to improve awareness regarding resident rights and caregiver misconduct in Wisconsin nursing homes, OCQ proposed a social media awareness project and received a grant from the Centers for Medicare and Medicaid Services (CMS) to implement an awareness campaign targeted at preventing the misuse of handheld devices by caregivers. When questioned about their use of Facebook, for example, the Innovis nurses involved in the 2008 incident stated they thought they were doing a good thing—preparing the next. Identify strategies for managing responses to online ratings, reviews, and social media discussion about the facility or providers 4. The nurse argued that she did not violate HIPAA, because her disclosure was “incidental” and permitted under HIPAA. All other disclosures must have a valid authorization. By Crystal Tillman Harris, DNP, RN, CPNP the use of social media, including Facebook, twitter, linkedin, Youtube, blogs, chat rooms, MySpace and other similar sites are increasing exponentially. [1] If you thought. The Risks of Social Media For Healthcare Professionals. If you unknowingly share. Again, these violations are serious but simple to avoid with the right preparation and communication. Although the post didn't violate HIPAA rules or the hospital's social media policy, she was terminated for being insensitive. Although it is not always easy, nurses have to stay vigilant so they do not violate any rules. Before this law, if an insured person lost insurance coverage for some reason, losing a job for example, he or she could be required to prove insurability before obtaining new coverage. To be on the safe side, delete information that is protected or considered private under HIPAA. Employers don't like when you take pictures at work or. Data sharing, online reviews and ratings, and digital privacy concerns likely will become a part of most every physician’s practice, regardless of his or her use of social media. Just this past month, the Department of Health and Human Services settled with Adult & Pediatric Dermatology of Concord, Mass. This usually means that research teams (such as scientists, nurses, and other hospital staff) that work for "covered entities" can use and share your personal health information for this study only after getting your okay. Earlier this year, for example, a Texas nurse with anti-vaccination views took to Facebook to describe her encounter. Because healthcare workers normally access them on personal time away from work, employers should discuss the importance of these guidelines. HHS > HIPAA Home > For Professionals > Compliance Enforcement > Data > Numbers at a Glance year represents the complaints closed in which there was no violation. 33%) and podcasts (76. Even a photo that is posted briefly and quickly taken down is discoverable. Photography in healthcare settings is difficult to control but could lead to HIPAA violations if not monitored. Our graduates are in great demand and enjoy a large number of career opportunities. “A girl I know was a nurse at a hospital and got fired for posting things on Facebook such as: ‘Soooooo sleepy here in the ICU. Although it is not always easy, nurses have to stay vigilant so they do not violate any rules. I am a manager of a non profit organization and the - Answered by a verified Employment Lawyer. The nurse was fired for violating HIPAA, and sued the hospital for wrongful termination. We often use social media as an extension of our personalities, so it's no wonder that employers would measure how current staff or potential hires conduct themselves online to gauge their behavior in the workplace. Once you're educated on how to avoid HIPAA violations, you'll see that social media can still benefit your business and that you don't need to be afraid of 'being social'! Angela Woltman is CEO of eSpark Media, an Omaha-based company specializing in social media marketing, website design, SEO and professional content writing. These regulations apply to comments made on social networking sites, and violators are subject to the same disciplinary action as with other HIPAA violations. The video ended up posted to the social media site 'Snapchat'. The University of Iowa fired a student health center employee earlier this year for violating the privacy of a pregnant female student and her boyfriend, a well-known student-athlete, when the employee carelessly discussed the results of the student’s pregnancy test with a female coworker, Iowa’s The Gazette reported. The nurse discloses patients’ information on a “need to know” basis, when it is required by an individual to provide care to the patient. identify any one patient. Maintaining the traditional view of a nurse as professional and trustworthy requires that nursing students receive detailed guidance on the nuances of social media communication. In 2015, ProPublica published the results of an investigation into HIPAA social media violations by nurses and care home workers. Caregiver Misconduct – Use of Handheld Devices and Social Media. Always use a pseudonym on social media sites d. Social media researcher and nurse Pamela Ressler, RN, MS, said she expects that nurses’ use of social media for a variety of purposes will continue to increase. The video ended up posted to the social media site 'Snapchat'. Facebook pages, which many doctors and practices have — KevinMD. Posted this on social media. Recognize patient safety risks associated with use of. Young adults entering nursing education programs are often unprepared to completely comprehend the impact of their social media interactions. Not only can employees access patient information on their desktop and laptop computers, but they can also access it via their portable devices like smartphones and. Improper descriptions or discussions of a patient case on social media could violate a patient's privacy, even if no names are used and no harm is intended. The authors noted that their findings are more representative of advanced practice nurses, and any generalization to the entire nursing population should be made with caution. Policies should define the use of smartphones, pictures and posting information about patients. However, when used improperly, these communication outlets can also spell big trouble for anyone in the healthcare industry. Many nurses, doctors, and other healthcare workers have been taught to fear the HIPAA legislation. "Soooooo sleepy here in the ICU. To provide clarity, an OpenSesame blog highlighted three common mistakes regarding HIPAA and social media. residents/patients/clients that may violate resident rights, HIPAA violations and may constitute Caregiver Misconduct. Violations of the COPs via social media postings can lead to a variety of negative consequences for nursing homes, including adverse licensure actions, civil monetary penalties, and other. Protecting Patients’ Confidentiality. Failure to comply with HIPAA can result in civil and criminal penalties. Although it is not always easy, nurses have to stay vigilant so they do not violate any rules. Social media use is ubiquitous, but inappropriate posts by nurses have resulted in licensure and legal repercussions. HIPAA CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT EMPLOYEE DOCUMENTATION OF HIPAA OMNIBUS RULE TRAINING THIS AGREEMENT entered into this ____ day of _____, 20___, by and between Spectrum Social and Recreation Services, LLC (DBA Spectrum Services), hereafter this. Examples of HIPAA Violations By YourDictionary HIPAA, the Health Insurance Portability and Accountability Act of 1996, was passed to protect an employee's health insurance coverage when they lose or change jobs. There are ways under HIPAA that you can “de-identify” the PHI and not violate the statute. Health care providers, learn how much violations can cost you and your employer. The plaintiff filed a lawsuit against the paramedic and the emergency service he worked for due to privacy violations. However, the inappropriate use of social media by nurses is causing concern among. Facebook alone, which has grown to 100,000,000 users in just 9 months, is the 4th largest "country" in the world. The Health Insurance Portability and Accountability Act (HIPAA) is a set of federal rules and regulations that prohibit hospitals, medical institutions, and members of their staff from disclosing your private health information. Nurses also find themselves in hot water when they inappropriately mention the hospital or something about their current work conditions. Violating HIPAA can mean a maximum penalty of $1. The nurse’s age discrimi-nation case is not on solid ground, one reason being that system-wide the hospi-tal had terminated a number of employees for HIPAA violations, more than half of the individuals terminated being under forty years of age at the time. HIPAA violations are serious offenses. I Purpose & Scope of Policy William Jewell College (“College”) acknowledges that social media may be used to further the College’s mission by providing channels of interaction and engagement between the College and students, parents, faculty, employees, alumni, fans, media, the surrounding community. Like in-person relationships, the nurse has an obligation to establish, communicate and enforce professional boundaries with patients in the online environment. HIPAA violations within the healthcare social media landscape can begin with the platform itself. Like it or not, social media is now seen as activity of daily living for your residents and employees. When the violation was discovered, the nursing assistant was fired for the HIPAA breach. All it takes is for one worker to carelessly post a message on Facebook, Twitter, or any other social media site that reveals protected health information for patient privacy and HIPAA Rules to be violated. In contrast, TigerConnect has developed a secure text messaging platform which makes the question “does text messaging violate HIPAA guidelines” irrelevant. 1September2009 HIPAA QUICK REFERENCE GUIDE v1 20090922. tive financial information, violate privacy laws, or violate HIPAA. ABSTRACT: Digital and social media quickly are becoming universal in modern medical practice. Breaking down how healthcare professionals can use social media as a force for good, we’ll highlight what a fine-tuned presence for medical providers looks like in action. White Paper: A Nurses Guide. Studies have examined social media's effect on healthcare privacy and boundary violations, but there is a notable gap in the literature about whether or not nurses are using social media during. For patients, Samuels' agency is usually the only place they can seek vindication. Health care providers, learn how much violations can cost you and your employer. In addition to the obvious HIPAA violation, it can be argued that the staff neglected patient care because they were busy taking pictures and posting them rather than treating the patient. Using health information, such as real patient experiences, on social media can be a very effective marketing tool for your practice. Nurses using Facebook: Nurses using Facebook Fargo, ND nurses violated HIPAA policy (AHIMA, 2011). Social Media Rules for Nurses and Healthcare Providers is a one contact hour continuing education course that will enlighten staff on the severe penalties and consequences that can be faced with actions such as posting patient information to any social media outlet. Confidentially is required and no information can be released without consent of the parent, or athlete if he is of legal age. Violations can involve texting, social media, mishandling of records, illegal access of patient files, or breaches that arise from social situations. Generally speaking, breaches that fall under reasonable cause range from $100 to $50,000 per breach. Posting protected health information (PHI) on social media sites, including closed Facebook groups, violates HIPAA Rules. Social media can be a powerful tool for marketing and other work-related purposes; help your employees understand the. Question: Why should the media care about HIPAA? HIPAA's privacy standards have changed and limit hospitals’ ability to release information about patients that the media will have access to. curriculum includes courses in the humanities, social sciences, basic sciences, and nursing. Criminal penalties for HIPAA violations can include both fines and prison time. In order to help minimize HIPAA violations resulting from employees’ social media use, health care organizations should implement policies that specifically address the issues associated with social media use. According to some of HIPAA social media rules (1996), no one is allow to share the photographs, or any form of PHI or the Sharing of seemingly innocent comments or pictures, such as a workplace lunch which happens to have visible patient files underneath without he written consent from a patient is clear violation. As the employer, you’re responsible for any HIPAA violations, so it’s best to establish social media policies and procedures and to be sure your staff understands and follows them. QuantiaMD surveyed more than 4,000 physicians and reported in September 2011 that 87 percent use a social media website for personal use and 67 percent use social media for professional purposes. Key Takeaways Don't allow HIPAA anxiety to keep you from embracing social media Limit liabilities with clear policies and procedures Social media compliance challenges are due to lack of training Monitor your social media platforms Social media will become more pervasive 31. The HIPAA road show Protecting privacy and security is a serious matter, but Edgecomb knew right away that serious isn’t always attention-grabbing. Have specific training sessions for different departments after the initial online or in-person HIPAA training. Now that we’re on the subject, it’s also a good idea to monitor your employee’s social networking use during work hours because there are many ways in which misuse could result in employer fault under HIPAA. Avoiding Liability Bulletin - October 15, 2011. Examples of HIPAA Violations By YourDictionary HIPAA, the Health Insurance Portability and Accountability Act of 1996, was passed to protect an employee's health insurance coverage when they lose or change jobs. Similar incidents, unfortunately, are not uncommon. Among other corrective actions to resolve the specific issues in the case, the HMO created a new HIPAA-compliant authorization form and implemented a new policy that directs staff to obtain patient signatures on these forms before responding to any disclosure requests, even if patients bring in their own "authorization" form. Data sharing, online reviews and ratings, and digital privacy concerns likely will become a part of most every physician’s practice, regardless of his or her use of social media. Best practices for using social media in healthcare: maximizing impact, mitigating risk in the nursing industry and using social media sites. Avoiding Liability Bulletin - October 15, 2011. Identify strategies for managing responses to online ratings, reviews, and social media discussion about the facility or providers 4. Other consequences of violating HIPAA and/or CMIA may include lawsuits, the loss of a professional health license (medical, nursing, pharmacy, etc. Nurses using Facebook: Nurses using Facebook Fargo, ND nurses violated HIPAA policy (AHIMA, 2011). Potential for HIPAA violations from the use of social media- staff, visitors, students etc Ekrem's tips to avoid HIPAA violations using social media Never post or tweet about patients, even in general terms. The UH Hilo School of Nursing supports the use of social media to reach audiences important to the University such as students, prospective students, faculty and staff. By Jennifer Larson, contributor. Violations can involve texting, social media, mishandling of records, illegal access of patient files, or breaches that arise from social situations. consent of the patient was clear violation of HIPAA law. The nurse, Dianna Hereford, filed an action in the Jefferson Circuit Court alleging her employer wrongfully terminated her contract on the grounds that a HIPAA violation had occurred, when she. Posts about your personal life also can negatively affect your professional life. While your post may not violate HIPAA, there is a potential for it to violate any social media policy set forth by your facility. PARTICIPATION IN SOCIAL MEDIA BY HEALTH CARE PROFESSIONALS. Simply put, it was a HIPAA violation, at least that’s what one doctor who studies Medical Law claims. This document summarizes existing University, UW SON, and UW Tacoma Nursing and Healthcare Leadership programs, policies that apply to the use of Social Media, incorporates a new UW Medicine policy limiting the use of Social Media in hospital and clinic spaces, and outlines best practice guidelines for UW SON and UW Tacoma Nursing and. Hippler was indicted by a federal grand jury on Mar. A nurse is obligated to protect confidential information about patients, unless required by law to disclose the information. This legislation affects nearly every aspect of doctors’ and nurses’ professional lives, including their use of social media. A simple, customizable HIPAA compliance software solution for busy compliance officers. She posted information on Facebook about a rare measles case. To minimize liability exposure, counsel for hospitals and physicians using social media should guide clients in the adoption, implementation and enforcement of a social media policy that ensures compliance with HIPAA and other applicable federal and state laws. Keep work talk off social media. Implement a social media policy. A woman who was treated for alcohol poisoning in an emergency room is suing her physician and the hospital after photographs taken of her while admitted were posted to social media sites. Mary Medical Center incident is an extreme example, says Huben-Kearney, but it proves a. Department of Health and Human Services (HHS). A nurse treated a patient with a gunshot wound, who was also accused of killing a police officer. All it takes is for one worker to carelessly post a message on Facebook, Twitter, or any other social media site that reveals protected health information for patient privacy and HIPAA Rules to be violated. Nurses at an assisted living facility in Glendale are facing backlash for filming and making fun of elderly patients. The site operates on a password-protected system with industry standard firewalls. In an era of social media, healthcare professionals still have much to learn about HIPAA. Department of Health and Human Services (HHS). The Top 10 HIPAA Violations and How to Prevent Them June 16, 2015, written by Jason Karn Wouldn’t it be great if there weren’t hackers, lost devices were always returned intact, and employees followed the rules?. The majority of nurses (93. It doesn’t all have to be negative, though. Education can: Prevent violations of patient rights. Like many major health care associations, the American Nurses Association (ANA) has acknowledged that social media is here to stay, and has released a resource to help nurses safely and effectively navigate the ever-expanding world of social networking. • Law is changing to catch up to. Improper descriptions or discussions of a patient case on social media could violate a patient's privacy, even if no names are used and no harm is intended. HIPAA & Social Media, Mobile Devices, Email and Faxes Training Summary HIPAA law covers PHI in electronic format this includes all social media platforms such as, Facebook, Twitter, Snapchat, and Instagram. Please see Data Security for examples of different ways to help maintain confidentiality. But, at what point does this "venting" or sharing become a HIPAA violation?. Tips On Social Media Use For Health Care Employers discriminatory or harassing social media behavior. One of the most common mistakes nurses can make is a violation of HIPAA regulations, said Brittney Wilson, RN, BSN, a clinical informatics nurse in Georgia and founder of The Nerdy Nurse, an online community for nurses. Inappropriate use of social media by nurses causes concerns for employers, educators, and regulators.