Three employees of an Oklahoma nursing home were arrested and charged with felony elder abuse and conspiracy on June 24. An investigation had been launched after a former employee at the nursing home reported resident abuse and provided a video to the police, showing the suspects with a resident.
Police then obtained a search warrant and found other videos and images of residents that the defendants allegedly sent and received on Snapchat. One video showed a resident in only a shirt and diaper, with fecal matter on the bed, sheets, and the resident’s socks. Other videos and images included a male resident lying on his stomach nude from the waist down, residents on the toilet, residents covered with fecal matter, and a mocking Snapchat filter superimposed over a resident who had recently died.
A spokesperson for the nursing home said the defendants were no longer employed at the facility. She also said that all employees undergo background checks and receive training about safety and resident rights.
Two of the defendants posted a $50,000 bond on the conspiracy charge and were released with court dates scheduled in July and August. The third had not posted bond as of July 5 and was being held by the county sheriff’s office.
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 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 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.*
