CNA at Pennsylvania Nursing Home Accused of Taking Prohibited Photos of Deceased Residents
The director of nursing (DON) at a Pennsylvania nursing home recently received an anonymous letter containing screenshots showing deceased residents from the facility. The author of the letter identified one of the facility’s certified nursing assistants (CNA) as the person who took the photos. The DON contacted the local police who began an investigation.
The investigation determined that the photos were sent from a telephone number that matched the suspected CNA’s cell phone number. A police officer went to the CNA’s home and spoke with her. She seemed eager to talk with the officer because she did not know why the facility had suspended her from her job. When the officer asked the CNA if she would allow him to see her cell phone, she agreed, and when asked about the letter that had been sent to the facility’s DON, she reportedly admitted that she had taken and sent the photographs because her ex-boyfriend “liked that kind of thing.” Her phone also contained photos of dead animals.
The police arrested the CNA, and the nursing home terminated her employment. A criminal complaint was filed charging the CNA with three misdemeanor counts of abuse of a corpse. She is scheduled to be arraigned on Dec. 3.
Compliance Perspective
Failing to ensure that employees are aware of the facility’s policies and procedures prohibiting taking pictures of residents, which is a violation of a resident’s right to privacy, may be considered abuse and exploitation, and deemed as provision of substandard quality of care, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding residents’ rights to privacy, particularly the prohibited taking of photographs or recordings of residents for any reason.
- Train staff on the facility’s policies and procedures regarding residents’ rights and the specific forbidding of taking of photos of residents, which could be considered resident abuse or exploitation.
- Periodically audit to ensure that newly employed staff have received training on the prohibition of taking pictures of residents, and that all staff receive periodic retraining on the topic.
