The CMS is asking state officials to make sure nursing facilities have policies in place to prevent staffers from posting embarrassing and dehumanizing photos and videos of residents on social media.
Patient advocates want the federal agency to more explicitly outline penalties for the growing number of nursing home employees who are abusing patients in this public way.
The most recent case to garner national attention was a nurse in Wisconsin who shared a video on Snapchat that showed a fellow employee kicking a man's wheelchair while the patient sat in it. The patient tried to kick back while multiple employees laughed.
In a notice posted Aug. 5, the CMS said it expected state health officials to make sure nursing home policies in their regions had policies that prohibit nursing home staff from taking or using photographs or recordings in any manner that would demean or humiliate.
The document also guides nursing homes on what they should do if one of their employees abuses a patient in this way. Those steps include staffing changes, increased supervision and follow-up counseling for the residents. The facility must implement corrective actions to prevent recurrence.
The CMS states that nursing home employees must report cases of abuse to “at least one law enforcement agency,” and that anyone who fails to report incidents is subject to “various penalties, including civil monetary penalties.”
Advocates say the document doesn't go far enough.
“Stronger, more explicit guidance indicating who must report and the penalties for failure to do so would have better ensured compliance.” said Robyn Grant, director of public policy and advocacy at the National Consumer Voice for Quality Long-Term Care.
Last year, ProPublica reported that since 2012 there have been 35 cases in which nursing home staffers have used social media to share photos or videos of residents. Some showed residents who were partly or completely naked.
HHS did not penalize any facilities for violations regarding federal privacy laws, though many were fired and banned from ever working at nursing homes. Some states charged the offenders with elder abuse, voyeurism and invasion of privacy.
Industry stakeholders say the CMS' document supports what many are already enforcing in their facilities.
“We have taken responsibility and made a concerted, nationwide effort to educate and share best practices with our centers not only on how to detect and root out this abuse, but also proactive steps to ensure it doesn't happen in the first place,” said Greg Crist, a spokesman for the American Health Care Association, a trade group.
