Legal & EthicalQuestion 173 of 200
A CNA posts a TikTok video taken in the nursing facility hallway. Two residents appear in the background, identifiable by face. This is:
a.Allowed because the residents are not the main subject
b.Allowed if the CNA blurs the faces after posting
c.Allowed if the CNA's manager 'likes' the post
d.A HIPAA violation that may result in termination, civil penalties up to $50,000 per violation, and possibly criminal charges; the CNA should remove the post immediately and self-report
Explanation
Any image or video that allows identification of a patient in a healthcare setting is PHI under HIPAA (45 CFR §160.103); posting without explicit written authorization violates 45 CFR §164.502. Civil penalties (42 USC §1320d-5) tier from $100 to over $50,000 per violation up to ~$1.9M per year per identical violation. Criminal penalties (42 USC §1320d-6) can reach $250,000 and 10 years imprisonment for wrongful disclosure with malicious intent. The CNA must delete, self-report, and cooperate with the privacy officer. Background appearance, post-hoc blurring, or manager approval do not cure the violation.
Law Reference: 42 USC §1320d-5, §1320d-6Practice all 200 questions free — no signup required.
Related questions on this topic
- Under HIPAA's 'minimum necessary' standard (45 CFR §164.502(b)), a CNA should access protected health information (PHI):
- Under HIPAA 45 CFR §164.512, a CNA may disclose PHI WITHOUT the resident's written authorization in which situation?
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- California Welfare & Institutions Code §15630 requires a mandated reporter who suspects PHYSICAL abuse of an LTC resident causing serious bodily injury to make a telephone report to law enforcement:
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