F 0583
Keep residents' personal and medical records private and confidential.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to maintain the privacy of one of 86 residents
(Resident 1) who resided within the facility when a staff member recorded a video of Resident 1 (while
inside the facility's dining room) and posted the video on a personal social media platform without Resident
1's approval or consent.
Residents Affected - Few
This failure resulted in a violation of Resident 1's right to privacy and confidentiality as well as a breach of
the Health Insurance Portability and Accountability Act law (HIPPA -a federal law that required the creation
of national standards to protect sensitive patient health information from being disclosed without the
patient's consent or knowledge).
Findings:
During a review of Resident 1's admission Record (contains Resident 1's medical and demographic
information), undated, indicated, Resident 1 was admitted to the facility on [DATE], with diagnoses that
included Unspecified Dementia (a brain disease that causes memory disorders, personality changes, and
impaired reasoning); Schizoaffective disorder, depressive type (a mental health disorder that is marked by a
combination of schizophrenia symptoms, such as hallucinations or delusions, and mood disorder
symptoms, such as depression); Anxiety disorder (mental illnesses that causes constant and overwhelming
anxiety and fear); restlessness and agitation.
During an interview on May 31, 2023, at 3:26 PM, with the Case Manager 1 (CM 1), CM 1 stated on May
22, 2023, she received a call from a former employee (Licensed Vocational Nurse 1 - LVN 1) who wanted to
notify her that there was a video of Resident 1 recorded from within the facility's dining room and posted on
the social media platform [name of social media]. CM 1 stated LVN 1 sent her the video and she (CM 1)
was able to identify Resident 1, and Certified Nursing Assistant 1 in the video because she could see their
faces. CM 1 stated the video recording showed Resident 1 and CNA 1 while in the facility's dining room and
the video showed Resident 1 flipping someone off across the room. CM 1 then stated she could see from
the video that it was from the social media platform [name of social media] and that it was posted to the
social media account of Certified Nursing Assistant 2 (CNA 2). CM 1 stated she forwarded the video to the
facility's Administrator (ADMIN).
During an interview on June 27, 2023, at 10:50 AM, with ADMIN, the ADMIN stated CM 1 brought to his
attention that employee CNA 2 had posted a video of Resident 1 to her (CNA 2's) social media account and
that the video was taken from within the facility. The ADMIN further stated when he reviewed the video he
could see Resident 1 and CNA 1 in the video who were both flipping off someone while in the facility's
dining room. The ADMIN stated the video was approximately 5 seconds long, was sent to him via a text,
and you could see that the video was posted to the social media account of CNA 2.
(continued on next page)
Any deficiency statement ending with an asterisk (*) denotes a deficiency which the institution may be excused from correcting providing it is determined that other
safeguards provide sufficient protection to the patients. (See instructions.) Except for nursing homes, the findings stated above are disclosable 90 days following the
date of survey whether or not a plan of correction is provided. For nursing homes, the above findings and plans of correction are disclosable 14 days following the date
these documents are made available to the facility. If deficiencies are cited, an approved plan of correction is requisite to continued program participation.
LABORATORY DIRECTOR'S OR PROVIDER/SUPPLIER
REPRESENTATIVE'S SIGNATURE
TITLE
(X6) DATE
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Facility ID:
If continuation sheet
Page 1 of 2
Event ID:
056365
Printed: 05/15/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
056365
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/08/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Yucaipa Hills Post Acute
13542 2nd St.
Yucaipa, CA 92399
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0583
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
The admin further stated CNA 2 violated the facilities policy and procedure regarding confidentiality and
HIPPA (Health Insurance Portability and Protection Act) when she recorded and posted the video of the
resident on social media without his consent.
During an interview on June 27, 2023, at 1:20 PM, with CNA 2, CNA 2 stated while she was working at
[name of facility] in May of 2023, Resident 1 was flipping someone off while in the facility's dining room.
CNA 2 stated she used her personal cell phone to record Resident 1 and posted the video on her [name of
social media platform] to show what kind of day she was having at work. CNA 2 stated the story was
available to be viewed for 24 hours on her webpage. CNA 2 further stated she did not receive verbal or
written approval from Resident 1 to record him or post a video of him on her social media account.
A review of the facility's policy and procedure (P&P) titled, Videotaping, Photographing, and other Imaging
of Residents, undated, the policy indicated, Residents will be protected from invasion of privacy and/or
abuse that might occur from photographs, videotapes, digital images, and recordings during resident care
or other facility activities .2. Staff may not take or release images or recordings of any resident without
explicit written consent. Written consent must be obtained from the resident or representative prior to
obtaining images or recordings of the resident for any purposes other than investigation of abuse, neglect
or emergencies .3. Transmitting unauthorized images of any resident through email, internet or social media
is considered a violation of resident rights .4. Resident photographs are considered health care records and
will be retained and released in accordance with current applicable regulations and statuses governing the
release of protected health information .
A review of the facility's P&P titled, Protected Health Information (PHI), Authorization for Use or Disclosure
of, undated, the policy indicated, Policy Statement. All uses and disclosures of protected health information
(PHI) beyond those otherwise permitted by current HIPAA law require a signed authorization. Policy
Interpretation and Implementation. 1. The facility and its business associates have a limited right to use
and/or disclose PHI health information for purposes of treatment, payment, or for the operations of the
organization. 2. For other uses, there must be written authorization to release protected health information
unless the law permits or requires the facility to use or disclose this information without authorization .A
written or electronic copy of the authorization will be retained in the business office (or other designated
location) for a period of six (6) years from the later of the date of execution or the last effective date.
A review of P&P titled, Resident rights, undated, indicated, Employees shall treat all residents with
kindness, respect, and dignity. Policy Interpretation and Implementation. 1. Federal and state laws
guarantee certain basic rights to all residents of this facility. These rights include the resident's right to: a. a
dignified existence; b. be treated with respect, kindness, and dignity; c. be free from abuse, neglect,
misappropriation of property, and exploitation . e. Self-determination; .g. exercise his or her rights as a
resident of the facility and as a resident or citizen of the United States; h. be supported by the facility in
exercising his or her rights; .t. Privacy and confidentiality; .3. the unauthorized release, access, or disclosure
of resident information is prohibited. All release, access, or disclosure of resident information must be in
accordance with current laws governing privacy of information issues. All inquiries concerning the release
of resident information should be directed to the HIPAA compliance officer .4. Orientation and in-service
training programs are conducted quarterly to assist our employees in understanding our residents' rights. 5.
Inquiries concerning residents' rights should be referred to the social services director.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
056365
If continuation sheet
Page 2 of 2