Privacy Breach During Resident Care
Penalty
Summary
Haven Place was found to be non-compliant with federal and state regulations regarding resident privacy and confidentiality. The facility failed to ensure the privacy of two residents during care and services, specifically during incontinence care. This deficiency was identified through a review of facility policies, clinical records, and staff interviews, which revealed that the facility did not adequately protect the residents' right to personal privacy as required by 42 CFR Part 483, Subpart B. The incident involved a nurse aide, referred to as Employee 1, who used a personal electronic device to record and broadcast a live TikTok video. During this video, Employee 1 showed the faces and bodies of two residents, including one resident being assisted from the bathroom and another receiving incontinence care. The video exposed the incontinence brief and groin area of one resident, violating their privacy. The video was 17 minutes long, and at no point did Employee 1 inform the residents they were being recorded or obtain their consent. The facility's policies on personal electronic device usage and social networking were reviewed and found to be inadequate in preventing this breach of privacy. Employee 1's actions were in direct violation of these policies, as well as federal and state regulations. The Nursing Home Administrator and Director of Nursing confirmed these findings during interviews and observations conducted on December 19, 2024.
Plan Of Correction
It is the policy of this facility to ensure the highest quality of care is afforded to our residents. The Facility submits this Plan of Correction under procedures established by the Department of Health in order to comply with the Department's directive to change conditions which the Department alleges is deficient under State and/or Federal Long Term Care Regulations. This Plan of Correction should not be construed as either a waiver of the facility's right to appeal or challenge the accuracy or severity of the alleged deficiencies or an admission of past or ongoing violation of State or Federal regulatory requirements. 1. Resident(s) 1 and 2 had clinical assessments completed to ensure no noted signs of harm/abuse from incident. Employee 1 was terminated. 2. Upon discovery of social media post, on 11/19/2024, leadership immediately implemented staff reeducation related to social media and personal electronic devices. 3. All CNA's, LPN's, RN's (Addendum) Activities staff, therapy staff, maintenance staff, Social Service, and Dietary staff will be educated by the Director of Nursing or designee on protecting residents' privacy during care specific to social media and use of personal electronic devices. (Addendum) Education will be given on hire and annual thereafter. 4. Director of Nursing or designee will conduct a walking round audit. 10 staff members will be interviewed weekly regarding their understanding of protecting residents' privacy during care specific to social media and use of personal electronic devices. The audit/interviews will be completed for 4 weeks or until substantial compliance is achieved. Results will be reviewed in QAPI meeting. 5. Date of compliance 1/20/2025.