Unauthorized Resident Video Recording and Social Media Posting by CNA
Penalty
Summary
The deficiency involves a failure to protect a resident’s rights to dignity, privacy, and confidentiality when a CNA recorded and posted videos including the resident without consent. The resident had diagnoses including dysphagia, COPD, and heart failure, and assessments showed severely impaired cognitive skills, lack of decision-making capacity, and total dependence on staff for ADLs. The resident’s care plan documented cognitive loss, short- and long-term memory impairment, poor recall, and psychosocial impairment related to psychosis and other conditions, with interventions directing staff to provide pleasant, reassuring interactions, approach the resident calmly and unhurriedly, and provide emotional support. A complaint was submitted to the District Office alleging that the CNA posted a video of the resident on social media, with two videos attached. In an interview, the resident reported that a staff member took a video of himself while the resident was in the background and that this video was posted on TikTok without the resident’s knowledge or signed consent. The resident stated he did not give permission to be posted on social media. In interviews, the CNA admitted that since November 2025 he had been taking videos and posting them on his TikTok account during work hours, including videos taken inside the resident’s room on two specific dates where the resident could be seen lying in bed in the background. The CNA acknowledged he was aware staff were not allowed to use personal cell phones during work hours or take photos or videos inside residents’ rooms, and that he did not obtain permission or consent from the resident. The DSD and DON confirmed that facility policies prohibit personal cell phone use in resident care areas, prohibit taking photos or videos of residents without written consent, and limit resident photos/videos to medical purposes only. They also confirmed there were no written consents on file for the videos taken of the resident and that taking such videos without authorization and consent is considered a type of abuse under facility policy.
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