Two nurse aides were arrested and are currently facing felony charges for filming themselves mistreating a resident with dementia. The footage was livestreamed on the Instagram account of one of the aides. The resident can be heard screaming as the aides make jokes for the camera. The aides also blocked the woman from entering her bathroom and complained in the video about having to take care of her. In the video the aides tell the resident she is embarrassing, and some of their viewers offered suggestions such as putting the resident in the closet.
As soon as the facility found out about the video, they notified the sheriff’s office and fired the two aides. The aides were arrested, and Aide 1 was charged with video voyeurism, abuse and neglect of an elderly or disabled adult, and interception or disclosure of wired communications. Aide 2 was charged with video voyeurism and abuse and neglect of an elderly or disabled adult.
The sheriff praised the facility for contacting law enforcement as soon as they found out about the video and for firing the aides immediately after.
A spokesperson for the facility said, “We are shocked and horrified to learn of this incident of elder abuse at the hands of two individuals who were trusted to provide care for a vulnerable resident of our facility. We take this situation very seriously and took immediate action to terminate the two individuals involved in this incident. The behavior depicted in the video footage live streamed by these two people is abhorrent and will not be tolerated.”
Compliance Perspective
Issue
Residents have the right to privacy and confidentiality (F583) and to be free from abuse and exploitation (F600). Photographs or recordings of a resident and/or his or her private space without the resident’s, or designated representative’s written consent, is a violation of the resident’s right to privacy and confidentiality. Examples include, but are not limited to, staff taking unauthorized photographs of a resident’s room or furnishings (which may or may not include the resident), or a resident eating in the dining room, or a resident participating in an activity in the common area. Taking unauthorized photographs or recordings of residents in any state of dress or undress using any type of equipment (for example, cameras, smart phones, and other electronic devices) and/or keeping or distributing them through multimedia messages or on social media networks is a violation of a resident’s right to privacy and confidentiality. Mental abuse includes abuse that is facilitated or enabled through the use of technology, such as smartphones and other personal electronic devices. This would include keeping and/or distributing demeaning or humiliating photographs and recordings through social media or multimedia messaging.
Discussion Points
- Review your policies and procedures on social media and on preventing, identifying, and reporting abuse. Update as needed.
- Train staff upon orientation, annually, and as needed on your social media policies. Also train all staff on what is considered abuse, and the steps that should be taken when it is suspected. Document that these trainings occurred and file the signed document in each employee’s education file.
- Periodically survey employees to ensure that they are aware of the facility’s social media policies and that they understand their responsibility to report any inappropriate posts to their supervisor, the compliance and ethics officer, or via the anonymous hotline. Also periodically audit staff understanding to ensure that they are aware of the steps that should be taken if they suspect abuse, and their reporting options, including the use of the anonymous hotline. Audit care delivery through observation and interviews of residents receiving that care. Ensure that any complaints received are fully investigated, addressed appropriately, and reported per requirements.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
