Emerging Legal Trends - PHCA · Emerging Trends in LTC Social Media 2 Things You Can Do Today to...
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Emerging Legal Trends Long Term Care Employees & Social Media Hall Booth Smith, P.C. Long Term Care & Aging Services Drew Graham Laura Hall
Transcript of Emerging Legal Trends - PHCA · Emerging Trends in LTC Social Media 2 Things You Can Do Today to...
Emerging Legal TrendsLong Term Care Employees & Social Media
Hall Booth Smith, P.C.
Long Term Care & Aging Services
Drew Graham
Laura Hall
December 21, 2015
ProPublica Inappropriate Social Media Posts by Nursing Home Workers, DetailedDecember 21, 2015
35 Confirmed Social Media Posts
Sen. Charles Grassley, R-Iowa
March 14, 2016
“I would like to know more about what the DOJ is doing to protect the elderly in nursing homes, both in terms of social media exploitation and in general.”
March 14, 2016
Sen. Tom Carper, D-Del.March 4, 2016
March 4, 2016
“The investigation identified 35 incidents, across 19 states, in which workers at these facilities shared on social media photos of residents, some of whom were not fully clothed or were suffering from dementia, documenting mistreatment. This type of abuse is unacceptable and falls short of our moral obligation to the ‘least of these’ in our society.”
Sen. Tom Carper, D-Del.
Social media compliance risks tops 2016 Ethics and Compliance Hot Topics Survey
People born between mid
1980s and 2000?
Millennials
An image, video, or link that
spreads rapidly through a
population by being
frequently shared with a
number of individuals?
Going Viral
Someone who has become
famous by means of the internet?
Internet Celebrity
Millennials have never known
a world without the internet,
or without social media.
As a result, social
media is a fundamental
part of their culture.
This influence crosses
over when millennials
enter the workforce as
caregivers.
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Top 3
Emerging
Trends in LTC
Social Media
2 Things You
Can Do Today
to Minimize
Risk
Questions
Top 3 Emerging
Trends in LTC
Social Media
Parody
Accounts
A parody account is a fan or
commentary account where
individuals can share different
ideas about a specific issue,
person or company.
LPN
Hospice
Administrat
or
RN
Long Term
Care Parody
Accounts
CNA Problems
A twitter parody account with the handle @CNA_Problems
CNA Problems
A twitter parody account with the handle @CNA_Problems
CNA Problems
A twitter parody account with the handle @CNA_Problems
CNA-hole
A twitter parody account with the handle @CNAComedy
CNA-hole
A twitter parody account with the handle @CNAComedy
CNA-holeA twitter parody account with the handle @CNAComedy
Hashtags
[hash-tag]
noun
1. (on social-media websites) a word or phrase
preceded by a hash mark (#), used within a message to
identify a keyword or topic of interest and facilitate a
search for it.
2. a hash mark used in this way.
3. to add a hashtag to (a word, topic, or message)
Memes
Meme (rhymes with "team")
An idea, behavior, or style that
spreads from person to person
within a culture".
A unit for carrying cultural ideas,
symbols, or practices that can be
transmitted from one mind to
another through writing, speech,
gestures, rituals, or other imitable
phenomena with a mimicked
theme.
Hashtags
are used to access memes
by topic.
#nurse
#elderly
#dementia
#alzheimers
#nursinghome
#fronttempraldementia
#nursinghomeproblems
#cnalife
#cnahustle
#cnaproblems
#nursinghomelife
#nursinghomeproblems
#nightnurse
#12hourshift
#nursinghomelife
#cna
#cnalife
#CNAProblems
After an image taken inside a
facility is posted or shared,
it can also be transformed into a
meme by other users and
go viral.
26.4
Thousand
“Likes”
Content can be located through
location services and
identification of location by the
content generator.
1
Posts often identify the
employee, the facility, and
even the resident.
2
Content posted by facility employees
on social media is likely to be public
and searchable.
3
Well-intentioned or seemingly
harmless content posted to
social media can be a
HIPAA violation.
4
Social media content posted by a
facility employee can be the basis
for an immediate jeopardy or
worse.
5
§483.13(c) Staff Treatment of
Residents
“The facility must develop and
implement written policies and
procedures that prohibit mistreatment,
neglect, and abuse of residents…”
“The facility must ensure…violations
involving mistreatment, neglect, or
abuse are reported immediately.”
§483.15(a) Dignity
“The facility must promote care for
residents in a manner and in an
environment that maintains or
enhances each resident’s dignity and
respect in full
recognition of his or her
individuality.”
§483.13(b) Abuse
“The resident has the right to be free
from verbal, sexual, physical, and
mental abuse…”
§483.30(a) Sufficient Staff
“The facility must provide services by
sufficient numbers of each of the
following types of personnel on a 24-
hour basis to provide nursing care to
all residents in accordance with
resident care plans.”
§483.75 (I)(4) Privacy and
Confidentiality
“The facility must keep confidential all
information contained in the resident's
records, regardless of the form or storage
method of the records…”
Case Study 1
Staff member posted photo of resident
on the commode to Facebook.
Facility failed to immediately report an
incident of possible mistreatment by
staff as required by mandated
reporting statutes and regulations.
F225
F225
Case Study 2
CNA posted photo of
resident in bed with only a
bed pad covering her
buttocks. Administrator not
aware until survey.
F164
F164
Case Study 3
CNA 1 “snap-chatted” photo of
resident's backside/buttocks.
CNA 2 admitted to taking a photo
of another resident who was both
cursing and calling people
names.
Administrator learned of postings
from anonymous caller.
F224
F224
Case Study 4
CNA posted pictures/videos (10
seconds) of a resident to
Snapchat.
Video stated resident name and
that it was filmed after resident had
his "happy medications."
Surveyors reviewed BYOD policy.
2 Ways to Minimize Risk
from Employee Social Media Posts
Compliance Monitoring
Compliance Monitoring
Monitoring
Facility/Company Social Media
Outbound
Monitoring
Social media chatter around specific care related issues
Chatter
Monitoring ToolsMonitoring
Compliance Monitoring
Complian
ce
CNA Risk Control identified issue in 2010 and has resources available to address the evolving risks.
Compliance and Risk Control Resources
