Failure to Uphold Resident Dignity and Privacy Due to Unauthorized Video and Cell Phone Use
Penalty
Summary
Staff failed to treat a resident with dignity and respect when an LPN used a personal phone to record a video of a resident and posted it on a social media platform without obtaining written permission, as required by facility policy. The resident involved had severe cognitive impairment, multiple diagnoses including dementia and heart disease, and was on hospice care. The video, though not clearly identifying the resident, showed parts of the resident and the facility's unique carpet design, making the location recognizable. The LPN admitted to taking and posting the video, later removing it after realizing it was inappropriate. The Director of Nursing (DON) was informed of the incident but did not conduct a documented investigation or provide education or in-services to staff following the event. Additionally, staff were observed using personal cell phones in resident areas during mealtime, contrary to facility policy. During breakfast service, a CNA and the same LPN were seen scrolling and typing on their phones while in the dining room with residents. The Assistant Administrator and another staff member intervened, prompting the LPN to put away the phone, but the CNA continued to use their phone before assisting a resident. Staff interviews confirmed awareness of the policy prohibiting cell phone use in resident areas, but also revealed that no recent in-services had been provided regarding social media or personal phone usage. Facility policies clearly prohibit the use of personal electronic devices in resident areas and the sharing of resident information or images on social media without written consent. Despite these policies, staff actions demonstrated noncompliance, resulting in a failure to uphold residents' rights to dignity, respect, privacy, and confidentiality. The facility leadership acknowledged the expectation for staff to avoid personal phone use in resident areas and to refrain from recording or posting resident images, but these expectations were not consistently enforced.