Two recent investigations in Minnesota have revealed incidents of nursing home abuse involving social media. In both cases, employees were found to have recorded and shared videos or photos of residents in inappropriate and abusive situations.
In one case, a nursing home employee took photos and videos of four residents, including one resident being physically abused, and posted them on Snapchat. The Minnesota Department of Health (MDH) found that the employee also sent the content to a former colleague. The videos included instances where the employee threw shoes and food at a resident and taunted them. In addition to the videos, the employee took inappropriate photos of three other residents, some of which were revealing. The residents involved had varying degrees of physical and cognitive impairments. The employee declined to participate in the MDH investigation, and the facility took corrective actions upon learning of the incidents.
In a separate case, two employees at an assisted living facility in Rochester used metal chains inappropriately with two residents. The employees recorded the incidents and shared the footage on Facebook. According to the MDH report, one employee wrapped a metal chain around the wrist of a resident with dementia, while the second employee did the same with a resident diagnosed with paranoid schizophrenia. The employees involved stated the incidents were intended as a joke, but the residents appeared upset in the videos. One resident attempted to remove the chain, and another resident mouthed the word “NO.” Facility leadership responded by disciplining the employees, but the legal guardian of one resident disagreed with the assessment, stating the incident was not a joke.
Compliance Perspective
Issue
Residents have the right to privacy and confidentiality (F583) and to be free from abuse and exploitation (F600). Taking unauthorized photographs or recordings of residents, whether in a state of dress or undress, using any type of equipment (e.g., cameras, smartphones, or other electronic devices), and distributing them through multimedia messages or social media networks, constitutes a violation of these rights. Mental abuse also includes acts enabled through technology, such as sharing demeaning or humiliating images or recordings via social media or messaging platforms. This form of abuse not only breaches privacy but also undermines residents’ dignity and safety.
Discussion Points
- Review and update your policies and procedures related to social media use, abuse prevention, and the identification and reporting of abuse. Update as needed.
- Train staff on social media policies and procedures during orientation, annually, and as needed. Additionally, provide training on what constitutes abuse, the steps to take when abuse is suspected, and the importance of safeguarding resident privacy. Document all training sessions and retain signed records in each employee’s education file.
- Periodically survey staff to assess their awareness of the facility’s social media policies and their understanding of their responsibility to report inappropriate content. Encourage staff to report any concerns to supervisors, the compliance officer, or through the anonymous hotline. Conduct regular audits to ensure staff are familiar with reporting procedures for suspected abuse and that they understand their role in preventing and addressing such incidents. Also, audit care delivery through observation and resident interviews. Ensure all complaints are thoroughly investigated, appropriately addressed, and reported as required by regulations.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
