Staff Member Posted Unauthorized Photo of Cognitively Impaired Resident Online
Penalty
Summary
A staff member, specifically an Activity Assistant, took a photograph of a resident who was severely cognitively impaired and resided on the secured memory care unit. The resident had diagnoses including Alzheimer's disease, delusional disorder, and cognitive communication deficit. The photograph depicted the resident sitting in a wheelchair holding a baby doll, staring at the camera without a smile. The image was posted online by the Activity Assistant, accompanied by a caption containing inappropriate language and referencing the resident and the baby doll. The staff member posted the photograph on a social media website without obtaining authorization from the resident's family or the facility. This action was in direct violation of the facility's policy, which prohibits mental abuse and the unauthorized sharing of confidential information. The incident was discovered and reported by the facility, and documentation confirmed that the staff member had violated both HIPAA and the facility's confidentiality policies.