Failure to Protect Resident Privacy and Confidentiality
Penalty
Summary
The facility failed to protect the privacy and confidentiality of two residents' personal and medical information. In the first instance, a video of a resident with severe cognitive impairment, Alzheimer's disease, and Parkinson's disease was posted on social media by two agency CNAs. The video was discovered by an LPN, who saw it on a social media story while at work. The video depicted the resident in the facility and was shared without authorization, violating the facility's HIPAA protocol and resident privacy policies. The facility's own protocol explicitly prohibits the unauthorized disclosure of resident information on internet sites and emphasizes the importance of maintaining privacy. In the second instance, a resident with no cognitive impairment, diagnosed with bilateral lower leg cellulitis and lymphedema, was observed receiving wound care in her room with the door wide open. The resident's bare legs and feet, which were affected by severe dryness, scaling, and pitting edema, were in clear view of multiple unidentified residents, staff, and visitors passing by. The wound care process resulted in visible skin debris falling to the floor, further exposing the resident's condition. The resident expressed embarrassment about her condition being visible to others and stated a preference for privacy during treatments. Both incidents demonstrate a failure to ensure privacy during care and to protect confidential resident information, as required by facility policy and residents' rights. The actions and inactions of staff in both cases directly led to the exposure of residents' private information and personal dignity.