Resident Exposed on Social Media Due to Unauthorized Live Streaming by CNA
Penalty
Summary
A deficiency occurred when a certified nurse aide (CNA) used a personal cell phone to live stream video while providing care to a resident, resulting in the resident being recorded and exposed on social media without consent. The CNA entered the resident's room and performed care while the phone, carried in their pocket, inadvertently activated a live stream, capturing the resident's head, chest, and legs while they were wearing only a brief. The incident was discovered after the facility received a call about the live stream, and the CNA stopped recording when approached by the nursing supervisor. The resident, who had diagnoses including atrial fibrillation, major depressive disorder, and hemiplegia, was cognitively intact and later expressed feeling violated and humiliated by the event. Facility policies strictly prohibited the use of cell phones in resident care areas and the unauthorized capture or dissemination of photos or videos of residents. Despite in-service training and clear policies, the CNA admitted to carrying the phone in violation of these rules and was unaware that live streaming was occurring. Staff interviews confirmed that monitoring cell phone use during care was challenging, but efforts were made to intervene when observed. The administrator acknowledged that the staff member's actions constituted abuse, regardless of intent, as the resident's privacy and dignity were compromised.