A CNA posts a TikTok video taken in the nursing facility hallway. Two residents appear in the background, identifiable by face. This is:
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-6This topic, taught in full in the Certified Nursing Assistant (CNA) guide. CNA — Complete Study Guide (2026) — PDF + EPUB, $19.99 · 14-day refund →
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