Resident Privacy Violated by Unauthorized Video Recording
Penalty
Summary
A deficiency occurred when a certified nursing assistant (CNA) recorded a video of a resident in her room without her knowledge or consent. The resident, who had diagnoses including Parkinson's Disease, vascular dementia, and major depressive disorder, was moderately cognitively impaired according to her most recent assessment. The video was taken from behind the resident while she was sitting in her wheelchair, watching television, and talking on the phone. The CNA then turned the camera on herself at the end of the video. The resident was unaware that she had been recorded and, when asked, stated her feelings about being recorded would depend on the circumstances, but she had no knowledge of this specific incident. The video was sent via social media messenger to another CNA, who shared a social media account with a third party, allowing the video to be further disseminated. Facility investigation confirmed that the video was recorded and shared without the resident's awareness, violating the facility's policy prohibiting photography or video recordings on the property and the resident's right to privacy. The CNA involved admitted to recording the video as a form of personal documentation related to workplace allegations, not for any resident care purpose.