Unauthorized Video Recording of Resident by CNA
Penalty
Summary
A facility failed to protect a resident's right to privacy when a Certified Nurse Aide (CNA) took an unauthorized video of a resident using a personal cell phone. The resident involved had diagnoses including dementia, hemiplegia, cerebral infarction, and major depressive disorder, and was documented as having severe cognitive impairment, being immobile, and dependent on staff for all activities of daily living. The video, which was approximately 10-12 seconds long, showed the resident fully clothed and in bed, with bedding covering the lower extremities and torso, while the resident was speaking to the CNA. The audio in the video was indecipherable. The CNA stored the video in personal digital cloud storage, which was accessible to others, including the CNA's boyfriend and his mother. The facility's employee handbook explicitly prohibits photographing or recording residents due to privacy rights, and the CNA had previously acknowledged understanding and agreeing to these policies. The incident was discovered when the video was accessed and reported by a third party, leading to facility leadership being notified.