Resident Privacy Breach Due to Unauthorized Video Recording
Penalty
Summary
A Certified Nurse Aide (CNA) took a video of a resident without the resident's consent, violating the resident's right to privacy and confidentiality. The resident involved had a diagnosis of severe dementia, with a Brief Interview Mental Status (BIMS) score indicating severely impaired cognition, and required extensive assistance with activities of daily living, including toileting and incontinent care. The video, which depicted the resident fully clothed and lying in bed with evidence of a bowel movement on both the resident and the wall, was shown by the CNA to another staff member during shift change. The second CNA immediately instructed the first to delete the video and reported the incident to administrative staff. The facility's investigation confirmed that the video was taken and shared without consent, and that staff had not received recent education regarding privacy expectations following the incident. Although the facility's policy prohibits staff from photographing or videotaping residents without consent, and requires training on privacy and abuse prevention, there was no documented evidence that staff had received updated education or signed off on privacy training after the event. The incident was observed through facility camera footage and corroborated by staff interviews and record review.