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 if the CNA's manager 'likes' the post
b.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
c.Allowed if the CNA blurs the faces after posting
d.Allowed because the residents are not the main subject
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?
- A resident asks the CNA for a copy of her own medical record. The correct CNA response is:
- Informed consent for a non-emergency treatment generally requires:
- A competent resident with capacity refuses her prescribed evening medications. The CNA should:
- 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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