Failure to Protect Resident Privacy During Unauthorized Filming Incident
Penalty
Summary
The facility failed to protect the privacy and confidentiality of two residents when a group of unauthorized individuals entered the building, smoked marijuana, used obscene language, and filmed a music video that included the residents without their consent. The video was subsequently posted on social media, where it was viewed by over 67,000 people. One resident, who is cognitively intact and has multiple medical conditions including Type 1 Diabetes and heart disease, reported being awoken by the commotion and expressed feeling anxious, nervous, and fearful as a result of the incident. Another resident, with moderate cognitive impairment and several health issues, also stated he did not give permission to be videotaped or have the video posted online. Staff interviews revealed that the receptionist was distracted by one of the men and did not immediately call the police due to personal safety concerns. Certified Nursing Assistants were observed in the video but did not intervene. The Director of Nursing and Administrator confirmed that the men were not affiliated with the facility and that staff did eventually ask them to leave. The facility's Resident Rights Policy states that residents have the right to privacy and confidentiality, which was not upheld in this incident.