Unauthorized Photo of Residents Violates Privacy and Confidentiality
Penalty
Summary
Staff failed to maintain the privacy and confidentiality of residents' personal and medical records when a Qualified Medication Assistant (QMA) took an unauthorized photo of two residents in a hallway. One resident was nude, and the side of the other resident's face was visible in the photo. The QMA then sent this photo to a Certified Nursing Assistant (CNA) via text message. The incident was discovered when the CNA reported receiving the photo to facility management. Attempts to contact the QMA involved were unsuccessful. Both residents involved had severe cognitive impairment, as documented in their clinical records. One resident had diagnoses including anxiety disorder and stage 3 chronic kidney disease, while the other had general anxiety disorder, insomnia, and depression. Multiple staff interviews confirmed that taking photos of residents was not permitted, and only designated employees were authorized to take photos for business purposes. The QMA involved was not authorized to take or share photos of residents.