Nurse Posts About a Patient on Facebook ... Duty to Report?

Sounds like social media needs to be a focus in nursing school.

True! I think that it is simple don't post anything in any social media site that is work related. Why do people want to make it difficult? It's not. Just don't post anything then you have no worries of it coming back to bite you in the a$$.

Only if you like to stir up trouble.

You are not a mandated HIPAA reporter. If you saw it, someone else will. Let them have the reputation of being the tattletale with management.

I also question why you think that you have a duty to report this to the BON, because nursing schools go over HIPAA and other potential violations in nursing school fairly well, so I don't understand why you think that this is reportable.

I also question why you seem almost dying to report it.

An admitting diagnosis is not protected health information, so while mentioning an admitting diagnosis on Facebook is definitely unprofessional and poor judgement, it's not a HIPAA violation. In general, hospitals frown upon any work related experience being discussed on social media when it portrays the hospital in a bad light. This person can certainly be disciplined or even fired by the hospital because of this, but not because she violated HIPAA.

Sounds like social media needs to be a focus in nursing school.

We were warned over and over again in our NS to never ever post anything on fb about clinicals, work or a pt no matter how vague it may be...

Sounds like social media needs to be a focus in nursing school.

Already is, you would get kicked out of the program for something like that. No joke. And every hospital I have had clinicals at have a social media rule of some type. But yes this is a HIPAA violation.

I know someone that posts the name of the hospital that they work at, the department, a patient's vital signs, the patient's medical diagnosis, time of death, lack of visitation from family members, mental status, etc....pretty much everything but the patient's name (as if she were creating tweets straight from the patient's medical record). This happens at least twice a week. Could this really be acceptable for an employer, or am I missing something here?

I know someone that posts the name of the hospital that they work at, the department, a patient's vital signs, the patient's medical diagnosis, time of death, lack of visitation from family members, mental status, etc....pretty much everything but the patient's name (as if she were creating tweets straight from the patient's medical record). This happens at least twice a week. Could this really be acceptable for an employer, or am I missing something here?

Umm, totally not acceptable.Somebody should clue her in to take all those posts down stat, and never to do it again...and I might report it anyway. I can't tell you how ripped I would be if I discovered myself or someone I loved in those posts. The hospital is subject to huge fines because the presumption woud be that they didn't train her in HIPAA. And sure, she'd get fired snicker-snack.

I know someone that posts the name of the hospital that they work at, the department, a patient's vital signs, the patient's medical diagnosis, time of death, lack of visitation from family members, mental status, etc....pretty much everything but the patient's name (as if she were creating tweets straight from the patient's medical record). This happens at least twice a week. Could this really be acceptable for an employer, or am I missing something here?

Umm, wow. Just wow. Some family member could have a lot of fun with this in a courtroom. Geez.

Already is, you would get kicked out of the program for something like that. No joke. And every hospital I have had clinicals at have a social media rule of some type. But yes this is a HIPAA violation.

If the patient's name isn't given, if there's no direct information linking the admission dx to the pt, I don't see how it could be. Otherwise you could never, ever mention any case anonymously to anyone - not even in professional journals, not anywhere, not blinded, not with initials, never.

It's poor judgement but it's not HIPAA.

Not everything is HIPAA.

I think if it is happening consistently, then maybe you should print out the comments made and slip them to your NM. With that being said, almost all of us have made a comment on AN about "What's the most disgusting/stupid/whatever reason you have treated a patient for?" Even though this is a board for healthcare workers, I'm sure some people could stumble across it accidentally. Also, if she uses her "real" name on face book like most people do, then I would imagine ONE of these days one of her patients will casually look her up and see that crap and BAM! HIPAA violation for your coworker. Legally though, I don't think it's an obligation. If this person is stupid enough to post that stuff on a public social networking site then sooner or later they are going to get caught and then they can kiss their license goodbye! Do what YOU think is right. Advocate for those patients!!

Is a picture, age, and statement saying no family has been to see pt in x amt of years a violation?

Is a picture, age, and statement saying no family has been to see pt in x amt of years a violation?

A picture of any patient, or part of the patient without their consent is a violation. Age in and of itself is not protected or identifiable health information, but birthdate is. Stating that a patient has not had visitors is not a violation.

HOWEVER...

Where is this statement being made/posted? If it's on any social media site, then while it may not specifically be a HIPAA violation, it's unethical and poor taste and may get you in trouble.

It's very, very simple. If it's work related, keep it off the internet.