Failure to Prevent Mental Abuse via Unauthorized Photography and Sharing
Penalty
Summary
Facility staff failed to protect two residents from mental abuse, specifically abuse facilitated through the use of technology. An activities employee took a photo and video of two residents in the dining room without their knowledge or consent, while they were looking at items left over from an Alzheimer's sale. The staff member then sent these images to another staff member, who subsequently transmitted them to another resident. The stated reason for taking and sharing the images was to check on items allegedly being taken by the residents, but at no point was permission obtained from the residents involved. Both residents had significant medical histories, including dementia, coronary artery disease, hypertension, peripheral vascular disease, anemia, and diabetes. Interviews with the residents confirmed they were unaware that photos or videos were being taken and had not given permission for such actions. The Nursing Home Administrator and Director of Nursing acknowledged that the facility failed to ensure residents were free from mental abuse, including abuse enabled by technology, as required by federal and state regulations.