Unauthorized Photograph Violates Resident Privacy Rights
Penalty
Summary
The deficiency involves a failure to protect a resident’s right to privacy and confidentiality when a staff member took a photograph of the resident without permission. The resident was last admitted with diagnoses including metabolic encephalopathy, cirrhosis of the liver, chronic hepatic failure, nutritional anemia, and thrombocytopenia. An MDS assessment showed a BIMS score of 07, indicating severe cognitive impairment, and records documented that the resident used a walker for mobility, required partial to moderate assistance with dressing, and needed setup or supervision for eating and personal hygiene. The care plan noted impaired cognitive function and interventions to provide a homelike environment. According to an Employee Coaching form, a nurse (LVN A) used her personal cell phone to take a photo of the resident while preparing to send the resident to the emergency room, stating the purpose was to show the ADON the amount of blood on the resident’s bed. LVN A acknowledged in interview that she took the picture and shared it with the ADON, that she deleted the photo afterward, and that she realized it was against resident rights because the resident was unable to give permission at the time. A family member reported hearing that a photo had been taken and felt this compromised the resident’s rights, although the family could not produce or verify the photograph. The ADON confirmed that a picture of the resident had been sent to her and that it was deleted immediately, and stated that the resident’s rights were compromised. The DON, who had recently started working at the facility, reported being informed that a picture of the resident had been taken by LVN A and that this represented a failure to properly protect the resident’s rights. The Administrator also stated he was made aware that a picture may have been taken by a nurse and that this interfered with the resident’s rights. Facility policies on resident rights specified that residents have a right to personal privacy and secure, confidential personal and medical records, and the personnel handbook prohibited use of personal communication devices during work hours and the use of any image-recording device without express permission of the facility and each person whose image is recorded.
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