FACE THE FACEBOOK REALITY IN HEALTHCARE!
Be aware of the latest CMS regulations – and be vigilant!
Per CMS regulations, taking, posting and sharing unauthorized images of Patients and Residents via social media (e.g., Facebook, LinkedIn, Snapchat, Instagram, etc.) can constitute abuse in violation of the Federal Conditions of Participation (COPs for nursing homes), and can result in a HIPAA violation.
Photographs and recordings of patients and residents without their written consent or the written consent of their designated representative, constitutes a violation of patient and resident rights.
Furthermore, taking photos of patients and residents in certain situations may be committing elder abuse with potential criminal and civil consequences under the Elder Justice Abuse Act.
If photographs of Patients and/or Residents are determined to demean or humiliate them — irrespective of whether the patient/resident provided consent, and regardless of their cognitive status – the facility staff is obligated to report this to supervisor.