HIPPA and facebook

[NICURn]

We have just been informed by our hospital that we can no longer have any work related comments on facebook due to HIPPA violations. As an example, some of us are about to do transport and are required to get 10 intubations done before we can begin going out to pick up patients. The nurse that obtained her first intubation posted to facebook ... "Woo hoo, had my first intubation last night and was successful", after which, most of us congratulated her on her success. Now the employer is claiming that comments like this violate HIPPA. The Privacy Rule protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. Individually identifiable health information includes many common identifiers (e.g., name, address, birth date, Social Security Number). There was no patient information at all provided in the comment ... just that she had completed a required task for the new position. Can the hospital use HIPPA to quelch personal conversations that have no patient information within them?

 

[army judge]

Can the hospital use HIPA to quiet your first amendment privilege? No.

But, that isn't what is being done.

You can create new accounts and post under a fictional hospital about your exploits. The hospital wants no reference to any activities which are remotely connected to them.

If you persist, you'll most likely be posting about what you formerly did, as you collect unemployment or pursue new employment.


Sent from my iPhone using Tapatalk

 

[NICURn]

These accounts are our personal facebook accounts and make no reference to what hospital we are working at, so how could anything be in violation? What is the difference between a nurse stating she did an intubation (posted on her own time), a banker saying he approved a multimillion dollar loan or a mechanic saying he fixed the sweetest Porsche ... there is no personal information being released, no hospital, bank or repair shop is mentioned. Someone help me understand why this isn't a first amendment infringement by the employer.

 

[Patricia_Young]

Because all the first amendment says is that Congress cannot blah, blah, blah. Here is the amendment in its entirety.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

 

[theretoo]

HIPPA covers medical institutions, Dr.'s offices, etc. and prohobits the release of any private medical information from the holders of private medical information. That being said, the right to free speech is voided when it comes to the medical privacy of any patient being treated by any hospital, physician or other medical institution and the possible release of any private medical information by any employee of that medical facility.
If the OP's FB account is set up with their true and correct identity, it would not be difficult for anyone that may know this person or could find out who they are to trace the individual to the medical facility that employs this individual and to then trace the identity of possible patients that the individual has "treated", it creates a liability for the medical facility.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/notice.html