Failure to Respect Resident Dignity and Privacy in Social Media Post
Penalty
Summary
The facility failed to respect a resident's privacy and dignity by posting a photo of a resident with severe cognitive impairment on social media without clear, valid consent. The resident, who has diagnoses including Parkinson's Disease with Dyskinesia, a history of falls, hypertension, and aphasia, was documented as severely cognitively impaired on the Minimum Data Set. The consent form for photography had an illegible signature, and both the resident and his power of attorney (POA) denied knowledge of or consent for the photo to be taken or posted. The POA stated she was never contacted for consent and expressed that the resident would not want his photo posted. The resident himself was unable to recall giving consent and expressed discomfort with the photo being posted, requesting its removal. The photo in question depicted the resident in his wheelchair with a staff member, who had a sign taped to her buttock displaying the resident's first initial, last name, and the phrase "Fall Risk." Staff interviews revealed conflicting accounts regarding the resident's awareness and consent, with some staff asserting the resident was alert and oriented, while documentation and interviews indicated otherwise. The facility did not have a specific social media policy, relying instead on a general consent form included in admission paperwork, and could not confirm who took or posted the photo. The incident was found to be inconsistent with the requirement to treat residents with dignity and respect, as outlined in the Illinois Long Term Care Ombudsman Program Resident Rights pamphlet.