Resident Privacy Breach via Unauthorized Social Media Posting
Penalty
Summary
A staff member at the facility failed to maintain a resident's right to privacy and confidentiality by posting a video of the resident on a personal social media account without obtaining consent from the resident or their Legal Guardian. The video, which was approximately 20 seconds long, showed the resident seated in a wheelchair in a common area, fully clothed and yelling out. The incident was discovered when the resident's family notified the facility that the video had been posted online for a short period before being deleted. The staff member involved, a Certified Nursing Assistant (CNA), admitted to posting the video unintentionally and expressed regret for the incident. The resident involved had multiple diagnoses, including mood disorder, psychotic disorder with delusions, and dementia with behaviors. The care plan for the resident included interventions to provide a stress-free environment and allow space as needed. The incident was reported to the State Agency, and the facility confirmed through investigation that the video had been posted without consent, constituting a breach of privacy and confidentiality for the resident.