Resident Privacy Breach via Social Media Video
Penalty
Summary
A Certified Nursing Assistant (CNA) was recorded sitting in a resident's room by a Licensed Vocational Nurse (LVN), and the video was subsequently posted to TikTok. The video included identifiable personal property and pictures belonging to the resident, as well as a view into four other resident rooms. The resident involved had a history of hereditary and idiopathic neuropathy and dementia, with fluctuating capacity to understand and make decisions. The facility's policies and employee handbook explicitly prohibit recording and sharing videos of residents or their personal spaces on social media, and require safeguarding resident privacy and confidentiality. Interviews with the CNA and the Director of Nursing (DON) confirmed that the video was recorded in the facility and that such actions were not permitted, as they violate residents' rights to privacy and confidentiality. Review of facility policies further supported that employees are required to treat residents with respect and protect their personal information, including video and audio recordings. The posting of the video to a public social media platform constituted a failure to honor these rights and maintain confidentiality as required by facility policy.