Breaking Compliance News Blog

Abuse by Smartphone

Posted by Margaret Scavotto, JD, CHC on 7/9/19 9:57 AM

Four nurse aides commit abuse with Facebook Live

The family of an Illinois nursing home resident who appeared in a caregiver’s Facebook Live video is suing the home. Four nursing aids allegedly participated in a video of the resident, who is a stroke survivor with dementia. The lawsuit asserts that the video shows the resident in bed, holding a diaper, surrounding by employees who are harassing him. One of the caretakers is heard yelling “Take off your pants, [resident name].”

This example poses HIPAA concerns and abuse concerns. Without a patient authorization, it is a potential HIPAA violation to record the resident and share that recording with third parties. In addition, CMS made it clear in its Survey & Certification Memo 16-33 that humiliating or demeaning photos or recordings of nursing home residents are mental abuse.

Snapchat use leads to criminal charges

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Topics: HIPAA, Social Media, abuse

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