Mental Abuse via Unauthorized Recording
Penalty
Summary
The facility failed to protect the rights of two residents to be free from mental abuse by a staff member, resulting in actual harm. The incident involved a nurse aide, referred to as Employee 1, who recorded and broadcasted live TikTok videos while providing care to the residents. The videos captured the residents in vulnerable situations without their consent, exposing them to potential humiliation and degradation. Employee 1's actions were in direct violation of the residents' rights to privacy and dignity, as outlined in the facility's policies and federal regulations. Resident 1, who was severely cognitively impaired, was recorded during incontinence care and while being assisted to bed. The video showed Employee 1 interacting with the resident and responding to comments on the live TikTok feed, without informing the resident of the recording. Similarly, Resident 2, who was moderately cognitively impaired, was recorded during a brief change and while being assisted with her nightgown. The video exposed Resident 2's incontinence brief and groin area, and captured her struggling to stand, all while Employee 1 engaged with the live TikTok audience. The facility's investigation revealed that Employee 1 did not inform the residents of the recording, nor did she obtain their consent. Employee 1 admitted to regularly posting similar content on TikTok and claimed ignorance of the wrongdoing. The incident was reported to the Nursing Home Administrator by an anonymous caller, prompting an immediate review and suspension of Employee 1. The actions of Employee 1 were found to be in violation of the facility's policies on personal electronic device usage and social networking, as well as federal regulations protecting residents from mental abuse.
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 RNs, LPNs, CNAs, ***(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 from mental abuse specific to social media. The Directed in-service will be completed by Lewis Litigation Support and Clinical Consulting, LLC on F 600 Freedom from Abuse and Neglect / Exploitation. All RN, LPNs, and CNAs will be required to attend the directed in-service. The live in-service will be recorded and available for those who are unable to attend the live presentation. The Directed In-service will be conducted on Wednesday, January 8, 2025 by Mariah Zimmerman, BSN-RN, WCC. ***(Addendum) Activities staff, therapy staff, maintenance staff, Social Service, and Dietary staff will also be required to attend the directed in-service. Education will then 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 from mental abuse specific to social media. 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 is 1/20/2025.