Violation of Resident Privacy During Bathing Due to Staff FaceTime Call
Penalty
Summary
A deficiency occurred when a certified nurse aide (CNA) failed to honor a resident's right to privacy and dignity during a shower. The resident, who was alert, oriented, and required substantial assistance with bathing due to multiple sclerosis, reported that the CNA used her personal cell phone to conduct a FaceTime call while assisting with the shower. The resident described hearing the conversation on speaker and, at one point, seeing the face of the caller on the phone's screen after it fell from the CNA's pocket. The resident made eye contact with the caller and engaged in brief conversation, which left the resident feeling shocked, embarrassed, and humiliated, especially given the exposure while naked and being bathed. The facility's policies explicitly prohibited personal cell phone use on nursing units and guaranteed residents' rights to personal privacy. Despite these policies, the CNA admitted during an internal interview to being on a FaceTime call during the resident's shower, although she later gave a conflicting account to the surveyor. The incident was corroborated by the resident's consistent statements and the CNA's initial admission, as well as written statements from facility staff who participated in the internal investigation.