Is this a HIPAA violation?

JustBeachyNurse, LPN · Oct 30, 2013

Simple answer don't post ANYTHING online that you don't want someone else to read whether Facebook, Twitter or anonymous-type message boards like allnurses.

Even if you delete it the internet is forever.

That said, what she posted is pretty vague and not really in violation of HIPAA though the fetal demise part is a bit specific, but again not truly a HIPAA identifier.

Someone could interpret the statement as TMI and create a world of headache., even though not a violation. Perception means a lot to employers.

Something like. "Really tough night at work. Taking some time off to regroup " would be less specific

Had she posted the statement here on all nurses and had a good profile. (Random avatar , random user names , does not name hometown or employer) she would have gotten likely a lot of empathy and support.

With Facebook even the most locked down profiles aren't very secure as if you hit the wrong button in your privacy settings and comments end up friends of friends or someone can share your posts or photos. Worse a "helpful " friend might print a screen shot and give it to your boss

JustBeachyNurse, LPN · Oct 30, 2013

The other issue could be an employer's policy on posting on social media. I've even seen one that requests one does NOT list them as your employer in your profile. That way your girls night out photos aren't linked to your employer

Madras · Oct 30, 2013

Just my opinion. If I need to "vent" about a bad day at work, bad pt outcome, etc, I'd reserve that for my hubby, sister, nurse friend, my dog etc...... Not to my 200 "friends" on Facebook.

Nothing on the Internet is private! I'm pretty sure I recall a few weeks back FB had a huge privacy issue where everyone's "private" pages were left exposed.

My job has a social media policy. Basically don't talk about the job on social media, post pics or say where you work etc....

JustBeachyNurse, LPN · Oct 30, 2013

Here's an interesting article that also links to a few recent cases

http://www.socialbusinessnews.com/hospitals-prescribe-social-media-policies-and-training-to-your-staff/

Though the nurses taking photos of a stabbing victim and posting to FB while at work seems so. "OMG who would do that" I can think of a few healthcare professionals that might have done the same thing without thinking & an overwhelming 'need to share with the world '

Penelope_Pitstop, BSN, RN · Oct 30, 2013

HIPAA - probably not. But it can for sure get her in trouble or even lead to her losing her job. Employers have fairly strict policies these days.

I've alluded to my night a few times on Facebook, but it's always very vague and doesn't mention patients, just workload, and doesn't mention coworkers in a negative way just - "so glad to be able to put my feet up - work kicked my butt" - things like that. If someone comments about what happens or tries to guess, I ignore or delete it.

CaringGerinurse525 · Oct 30, 2013

I do not list my employer on my Facebook. It states that I am an LPN but that is all. I also have mine private. I, however, do not post anything related to work in any way.

I won't even write on there "I'm so tired" or "another rough day" because if someone tries to sue me, their lawyer could say "well you knew you were exhausted and still went to work".

A little far-fetched but better safe than sorry.

I have a friend who is constantly posting stuff about her "residents", doctors, emts, and fellow nurses. I can see a lawsuit waiting to happen. I've warned her but she doesn't seem to want to listen.

It would be wise if your friend would vent somewhere else other then Facebook. If someone really wanted to, they could connect the dots.

Meriwhen, ASN, BSN, MSN, RN · Oct 30, 2013

As written, the poster did not violate HIPAA.

However, the poster may have violated her facility's social media guidelines, which is a separate matter...and yes, one that she could be fired or disciplined as a result of.

psu_213, BSN, RN · Oct 30, 2013

Our NM gave the unit a little 'pep talk' about FB...basically she said the only thing you can post about work (in accordance with the hospital's social media policy) is something along the lines of "wow, that was a rough day at work."

I told a friend, who happens to be a nursing instructor about this, she warned not even to post that. Her rationale was that if a potential future employer reads that they could label you as a complainer before they even had a chance to interview you. My policy, nothing on FB about work (I would even 'like' the statuses of friends when they post something about the job--even if that comment appears innocent).

As for the OP, not a HIPAA violation, but not a very good idea to post that.

JTinKY · Oct 31, 2013

Lots of informative responses. Thanks everyone. The picture I'm getting is to just keep work stuff to myself or maybe vent to my husband once in a while if I have to, but never post anything at all about work, better safe than sorry. My friend has a bad habit of oversharing on social media-not just about work but about every aspect of her life. I'm afraid it's going to be the rope that hangs her someday (figuratively speaking, of course). :-/

Alnitak7 · Nov 27, 2013

Last time someone on Facebook commented to me about my workplace, I deleted all my comments off that thread where I unknowingly set myself up.

As far as talking about my patients or work incidents on Facebook or anywhere I never do this.

As for keeping it "bottled up" as one poster put it, I only talk with the supervisor or a coworker or just depend on my own inner resources.

Alnitak7 · Nov 27, 2013

HIPAA - probably not.
What amazes me is when I meet caregivers and practitioners who know every trick in the book for getting gossip out into the community without getting in trouble for it. One even had the nerve to say that "even though they can file a lawsuit that doesn't mean they will." They also seem to be in workplaces that like them enough to let them get away with this.