Failure to Obtain Written Consent Before Posting Resident Photos on Social Media
Penalty
Summary
The facility failed to protect resident dignity and rights by not obtaining written consent, as required by facility policy, before posting photographs of two residents on social media platforms. For one resident with dementia, depression, and mild cognitive impairment, a photograph was posted during an arts and crafts activity, but the only consent on file was for photographs intended for medical records and activities, not for social media use. The resident was aware of the photos being taken and posted but had not provided explicit written consent for social media release. For another resident, who was cognitively intact and had diagnoses including diabetes, bipolar disorder, and heart failure, photographs were posted online showing the resident at a lake during a meal, but there was no signed photography or video consent release form in the admission packet. Interviews with the Administrator confirmed that neither resident had a signed social media release form on file, and the Director of Nursing verified that both residents appeared in the facility's social media posts. The facility's current policy explicitly requires written consent from the resident or representative before images or recordings are taken or released for any purpose other than specific exceptions, such as investigations or emergencies. The lack of proper written consent prior to posting these images constituted a failure to honor the residents' rights to dignity and self-determination.