NEED HELP re: HIPPA violation

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Specializes in NICU.

I posted a picture of a patient with her first name and previous gestation. It was a pic of my coworker holding a baby in her halloween costume that was bought by her that was going home the next day on Halloween. I posted it on my facebook with mom's permission. What was said was" Is this NOT the cutest thing ever!! Pt name, ex. 34 weeker. She is going home today!! We will miss you (pt name).

I was called by my manager who asked me if I had posted a pic on my fb with baby's info. I said yes I posted a pic of the baby with mom's permission (as she wsa there when I took the picture). I said I only had her 1st name and GA but nothing else. She also said the workplace logo was on the picture which to my knowledge was not placed by me, but in looking at the pic it was the name of the hosp on the scrubs my coworker had on. I was told to immediately take it off which I then did, ANd then she said that she will have to get back to me in regards to furthur action needed.

How should I protect myself from this? Is there anything I can do? Did I breech HIPPA rules? I have become friends with the family and actually was given her address and visited her and the baby. I let her know what happened and she is going to write a letter saying I had her permission.

ANY HELP IS APPRECIATED!!!PLEASE!!

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I did HIPAA readiness assessments years ago, when HIPAA was all the rage. I dont think you did anything wrong with regards to HIPAA; you had pt permission (I would definately get a letter to that effect from the mom). Your hospital, tho, may have some policy that some prohibits your post (company logo).

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a nursing tech got fired for this...and 2 nurses were disciplined with unpaid suspension for a week. hippa is taken very seriously in Boston....they did not get permission to post pic on facebook.....

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Specializes in Peds/outpatient FP,derm,allergy/private duty.
I did HIPAA readiness assessments years ago, when HIPAA was all the rage. I dont think you did anything wrong with regards to HIPAA; you had pt permission (I would definately get a letter to that effect from the mom). Your hospital, tho, may have some policy that some prohibits your post (company logo).

It's still the rage! OP, my advise to you is do not argue with them- technically it probably isn't a HIPAA violation- but. even with Mom's permission, etc. in all likelihood they will not see things your way. I would apologize profusely, say that you misunderstood, take full responsibilty and of course, won't do again. That's what you'll need to do if you want to contain it. You might consider asking to meet with them before they are done investigating you. That will give them less time to ponder your ultimate fate. Anytime you mix your work life with your home life on a social networking site is a disaster waiting to happen. Best of luck!! :up:

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Anytime you mix your work life with your home life on a social networking site is a disaster waiting to happen.

ITA. The easiest way to avoid this kind of situation is to just not go there. Best wishes for a good outcome!

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