Question:
Dear Nancy,
Is posting a picture on social media like Facebook of a patient or nursing home resident a HIPAA violation?
Thank you,
Ava
Nancy Brent replies:
Dear Ava,
The subject of posting patient pictures on any social media website has been the subject of several responses in the past.
Based on your question, however, doing what you describe in your question would be a violation of many principles and laws that apply to patient privacy and confidentiality.
Initially, remember that a patient's health information is confidential and private, which was the case long before HIPAA came along. So, the only way one could post a picture of a nursing home resident on Facebook (your page, it is assumed) is with the resident's informed consent, provided no prohibition exists in your facility's policies about such a posting.
Your facility should have a policy about social media and patient privacy. It should most probably state that photos of residents are prohibited and certainly from being posted on a social website like Facebook. The policy should also state what discipline will occur if this principle is violated.
HIPAA is another law to consider when posting anything, including a picture, on Facebook that is personal health information. Without the patient's informed consent, a violation clearly occurs.
Last but by no means least, violations of the Code of Ethics for Nurses cannot be ignored. If you haven't reviewed this, it would be helpful for you to do so.
Specific provisions that are violated by posting a resident or patient picture include Provision 1 (respect for human dignity and relationships with patients) and Provision 3 (privacy and confidentiality). You might also find helpful another ANA publication, Principles for Social Networking and the Nurse: Guidance for Registered Nurses.
The National Council of State Boards of Nursing's White Paper: "A Nurses Guide to the Use of Social Media," lists the possible legal ramifications a nurse faces when using social media inappropriately with patients and their care.
Sincerely,
Nancy
