Unauthorized Social Media Posts Violate Resident Privacy
Penalty
Summary
The facility failed to ensure that residents were treated with dignity and respect, as evidenced by unauthorized videos of residents being posted on social media platforms. These videos, which included residents dancing or appearing in the background, were recorded by a staff member, the Admissions Coordinator, without obtaining consent from the residents or their legal representatives. The videos were shared widely, garnering significant views and interactions online, which violated the residents' rights to privacy and confidentiality. The report highlights that 10 out of 16 sampled residents were affected by this breach of privacy. Many of these residents resided in the secure memory care unit and had diagnoses that impaired their ability to provide informed consent. For instance, Resident #10, who was featured in the videos, had been diagnosed with conditions affecting her cognitive abilities, and her admission record indicated she was unable to make willful and knowing health decisions. Similarly, Resident #14's Health Care Surrogate confirmed that no consent was given for the social media postings, and Resident #13's records showed she was incapable of communicating health decisions. Interviews with facility staff, including the Nursing Home Administrator and the Regional Nurse Consultant, revealed that the videos were discovered inadvertently through social media. The staff involved did not inform the administration about the recordings, and it was only after the videos were identified online that the issue was addressed. The facility's policy on social media use explicitly prohibits unauthorized recordings and postings, yet this policy was not adhered to, leading to the violation of residents' rights.
Plan Of Correction
1. Immediate action(s) taken for the resident(s) found to have been affected include: Facility contacted residents responsible parties/representatives/families of residents #7, #8, #9, #10, #11, #12, #13, #14, #15, and #16 to notify them that the residents were posted on social media by a staff member, without the facility's knowledge. Staff members were advised to remove all resident-related content from social media. All videos found were reported to the social media to remove videos. The legal department at Tik Tok was contacted to remove videos. Staff member was terminated. 2. Identification of other residents having the potential to be affected: Multiple social media platforms reviewed to identify any postings of facility residents. Facility-wide audit of all residents currently residing in the facility to verify photo consents are signed and present in the medical record. The photo consent form. Quality reviews will be completed once a week x8 weeks and then every 2 weeks x1 month. Quality reviews will be reviewed by the QAPI committee monthly x 3 months or until substantial compliance is met along with quarterly reviews.