Health inspection·January 9, 2024

F 0583 Keep residents' personal and medical records private and confidential. Level of Harm - Minimal harm or potential for actual harm Based on review of public social media videos, resident interviews, staff interviews, review of the employee handbook, review of staff schedules, and review of facility policy, the facility failed to ensure residents' right to privacy was honored when State Tested Nurse Aide (STNA) #100 video recorded conversations and interactions with staff and residents (including during personal care) in resident rooms, in common areas, discussed resident care needs and described a resident's malodorous wounds using profanity, while posting the videos to social media and not in accordance with facility policy. This affected four (#13, #31, #62, and #73) of four residents reviewed for privacy and confidentiality. The facility census was 81. Residents Affected - Some Findings Include: Review of STNA #100's public social media account revealed three live recorded videos (meaning the video was posted to the social media page as the video was being recorded) taken at the facility involving residents in the privacy of their home. The live recorded videos were dated 12/22/23, 12/25/23 and 12/30/23, with each video lasting between 10 and 16 minutes. Review of the video posted on 12/25/23 revealed STNA #100 speaking with Resident #31. In the video, STNA #100 called Resident #31 by first name and the back of the resident's head was visible on the video. STNA #100 made a comment to Resident #31 about his roommate and an incident that occurred with the roommate the previous night that had nothing to do with the care needs and/or provision of care for Resident #31. Further review revealed STNA #100 describing having to provide care for Resident #73's buttocks (expletive used in the video) wound, adding the wound was malodorous and foul-smelling. Review of the video posted on 12/30/23 revealed STNA #100 discussed care to be provided to Residents #62 and #73, identifying each resident by first name. In addition, the 12/30/23 video revealed STNA #100 entered Resident #13's room. The video went black, but the audio continued to record and STNA #100 and an unknown staff person assisted Resident #13 with personal care. Resident #13 was called by first name and could be heard interacting with the staff during care. The video dated 12/22/23 was deleted prior to being able to fully view the recording. Interview on 01/09/24 at 9:45 A.M. with the Administrator and the Director of Nursing (DON) verified the videos were taken inside the facility. Each denied knowledge of the videos prior to the interview. The Administrator and DON confirmed the residents named in the videos were facility residents and identified STNA #100 as facility staff. Additionally, the DON verified Resident #73 had a wound, as discussed in the 12/25/23 video. A follow-up interview on 01/09/24 at approximately 11:10 A.M. with the Administrator confirmed the facility was the residents' home and they should expect privacy within their home, which included not being recorded. Page 1 of 2 365704 365704 01/09/2024 Advanced Healthcare Center 955 Garden Lake Pkwy Toledo, OH 43614

F 0583 Level of Harm - Minimal harm or potential for actual harm Residents Affected - Some Interviews on 01/09/24 at 2:23 P.M. with Resident #13 and at 2:45 P.M. with Resident #31 revealed each resident denied knowledge of being recorded. Interview on 01/09/24 at 3:55 P.M. with Resident #73 revealed no knowledge of care needs being discussed on a recorded video (wound care discussed in video dated 12/25/23). Resident #73 indicated he would not be agreeable to having any personal information recorded. Review of the staff schedules verified STNA #100 was scheduled to work on 12/22/23, 12/25/23 and 12/30/23. Review of the Employee Handbook, revised July 2015, verified the facility takes no position on the employee's decision to start or maintain a blog or participate in other social networking activities; however, it is the right and duty of the facility to protect itself from unauthorized disclosure of information. In addition, employees may not use their personal cell phones in work areas. The use of cameras (unless job related and approved by the executive director), camera phones, iPods, mp3 players or other electronic devices is not permitted during work hours. Review of the facility policy titled Ohio Abuse, Neglect and Misappropriation, revised 09/20/22, revealed unauthorized disclosure of resident photographs or images could be mental, physical, or sexual abuse depending on how the images were used. Review of the facility policy titled Unauthorized Disclosure of Resident Images, revised 10/25/22, revealed the facility provided resident centered care that inhibited employees from taking photos and/or distributing photographs in any fashion including but not limited to posting on social media sites or videos that demean or humiliate a resident. This deficiency represents non-compliance investigated under Complaint Number OH00149669. 365704 Page 2 of 2