F 0583
Keep residents' personal and medical records private and confidential.
Level of Harm - Minimal harm
or potential for actual harm
Based on record review and facility staff interview, the facility failed to protect residents' rights to personal
privacy for 2 (Residents #16 and #7) of 2 residents observed in unauthorized videos posted on staff
personal social media account accessible to the public.The findings included:Review of the Employee
Handbook, section E, Resident Confidentiality Policy, it stated In accordance with the Health Insurance
Portability and Accountability Act (HIPAA) and the Patient [NAME] of Rights, employees must respect the
resident confidentiality and may not divulge any information contained in a resident's record to any
unauthorized persons, including co-workers. In addition, employees must refrain from discussing any
protected health information (PHI) of a resident, which an unauthorized person may overhear, both on and
off the worksite. Page 36 of the employee handbook stated .Disclosing information about residents, unless
authorized to do so, can be very harmful .Everyone, particularly our residents, has a right to privacy. The
employee handbook stated in the section titled, Social Media Activities .a) The personal use of social media
is not allowed while employees are on working time or in working areas, regardless of the equipment used
(e.g. either using personal or Company telephones or computers). b) Employees who use social media
shall not post any proprietary Company data documents or photographs or any information which would
violate any privacy laws applicable to the Company, regardless of whether the posting is done during
working or non-working time.On 8/12/25 at 1:30 p.m., observation of Certified Nursing Assistant (CNA)
Staff A's public social media account postings revealed an undated video where a facility resident could be
seen singing in a microphone. Another resident could be seen self-propelling in his wheelchair. Both
residents' faces were clearly visible. On 8/12/25 at 2:00 p.m., in an interview the Director of Nursing (DON)
said upon admission to the facility, as part of the admission process the resident or their legal
representative are asked if they would sign a Social Media Release Form to consent for the facility to use
the picture and name in publications to include electronic publications, audio/visual presentations,
promotional literature, advertising and media. She said the resident or their legal representative has the
right to revoke the Social Media Release Form at any time and the facility would not be able to use the
resident's picture and/or name from that point on. She said upon hire, as part of the onboarding
education/in-services, facility staff are in-serviced that they are not allowed to take pictures and/or videos of
residents without facility and/or resident permission and are not allowed to post a resident's picture and/or
video on any social media website without prior permission from the resident and/or their legal
representative. On 8/12/25 at 2:15 p.m., the DON reviewed CNA Staff A's public social media account
postings. She identified the resident singing in the microphone as Resident #16 and the resident
self-propelling in the wheelchair as Resident #7. The DON said the videos were from March 2024 during a
facility activity in the dining room. She said Resident #16 passed away in November 2024. Due to cognitive
impairment Resident #16 would not have been able to give CNA Staff A permission to post a video of
himself on her personal social media account. After reviewing the videos, the DON said she was not
Residents Affected - Few
(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:
105774
Printed: 05/28/2026
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
105774
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/12/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Indian Beach Nursing and Rehab Center
1755 18th St
Sarasota, FL 34230
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
FORM CMS-2567 (02/99)
Previous Versions Obsolete
aware that CNA Staff A had posted a video of Resident #16 singing on her personal social media account
and the facility would not have given CNA Staff A permission to post a video of Resident #16 on her
personal social media account. She said that CNA Staff A was hired on 12/2/23 and had received the
education and the Employee Handbook specifying that facility staff were not allowed to disclose information
including pictures and/or video of residents, unless authorized to do so by the facility, and by the resident or
their legal representative. On 8/12/25 at 4:15 p.m., in an interview, the Administrator and DON said they
reviewed CNA Staff A's social media account page and the confirmed the video where Resident #7 could
be seen self-propelling in his wheelchair and the video where Resident #16 could be seen singing in a
microphone were from March 2024. They said they did not find pictures or videos of any other resident on
the staff's social media account. They said they reviewed Resident #16's medical record. A Social Media
Release Form for Resident #16 was signed on 6/18/24, giving the facility permission to use a picture/video
and/or name in facility publications. The Administrator and DON said they did not find documentation that
Resident #16 or his legal representative had given CNA Staff A permission to post the video of Resident
#16 singing during a facility event on her personal social media account.On 8/12/25 at 4:30 p.m. in an
interview CNA Staff A confirmed she posted a video of Resident #16 during a facility karaoke activity event
in March 2024 on her personal social media page. She verified Resident #7 also appeared in the videos
and was easily identifiable. She verified she was in-serviced about residents' right to privacy and HIPAA
(Health Insurance Portability and Accountability). She verified Resident #16 or his legal guardian did not
give her permission to post the video of Resident #16 singing on her personal social media page.On
8/12/25 at 5:00 p.m., in an interview Human Resources Staff B said CNA Staff A was hired on 12/2/23. The
CNA received education on HIPAA and Resident' Rights upon hire, on 2/15/24, 9/17/24 and 1/9/25 as part
of the facility's reeducation to remind all staff that they were required to protect the residents' rights at all
time, including not divulging the residents' personal health information and posting the resident's name,
picture and/or video on non-facility approved publication.
Event ID:
Facility ID:
105774
If continuation sheet
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