Resident Privacy Breach via Social Media Post
Penalty
Summary
A staff member at the facility failed to maintain a resident's right to privacy and confidentiality by posting a video of the resident on a personal social media account without the consent of the resident or their legal guardian. The incident was discovered when the resident's family notified the Nursing Home Administrator that the video, which showed the resident seated in a wheelchair in a common area and yelling out, had been temporarily posted online before being deleted. The staff member involved, a newly hired CNA, admitted to recording and posting the video, stating they were unaware it was being uploaded to social media. The resident involved had a history of mood disorder, psychotic disorder with delusions, and dementia with behaviors, and was admitted with multiple diagnoses including altered mental status. At the time of the incident, the resident was fully clothed, seated alone, and showed no signs of injury. The facility's investigation confirmed the privacy violation, and the resident was subsequently sent to the hospital for evaluation at the family's request.