Resident Privacy Breach Due to Unauthorized Photograph Shared on Social Media
Penalty
Summary
A deficiency occurred when a State Tested Nursing Assistant (STNA) took a photograph of a resident while the resident was in the bathtub and subsequently shared the image in a small group chat on a social media platform. The resident involved had a history of chronic obstructive pulmonary disease (COPD), congestive heart failure (CHF), stroke, and hemiparesis, and was cognitively impaired with a Brief Interview Mental Status (BIMS) score of nine out of 15. The resident required significant assistance with daily activities, including toileting, bed mobility, transfers, and showers. The incident came to light when management was informed that the STNA had allegedly taken and shared the photograph. The police were involved, and the STNA admitted to taking and distributing the image. The police informed the resident of the incident, and the resident declined to press charges. The facility's policies on abuse, mistreatment, neglect, exploitation, and social media explicitly prohibit the sharing of resident photographs and require the protection of resident privacy. Interviews with staff revealed that none were aware of the STNA's actions, and no other staff reported knowledge of photographs being taken of residents. The incident was substantiated by the facility, and the investigation confirmed that the STNA had shared the photograph with individuals outside the facility. The resident was assessed and found to have no adverse findings as a result of the incident.