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THE ADVOCATES OFTHE LONGTERM- CARE-OMBUDSMAN PROGRAM work with residents of assisted-living and nursing facilities to resolve concerns that affect quality of life. Recently, a resident in a nursing home shared with an Ombudsman Advocate that they were uncomfortable eating in the dining room because another resident would video record and post on social media.
The Ombudsman Advocate asked the resident additional questions and interviewed other residents. Through interviews with others, it was determined that a resident was indeed recording other residents and posting on social media.
The Ombudsman Advocate interviewed the resident making the recordings and determined the behavior was a hobby for the resident and not malicious in origin. The Ombudsman shared the findings with the complainant, and the complainant continued to express discomfort being recorded.
The Ombudsman Advocate researched federal laws regarding privacy and the nursing home’s policies regarding privacy. No laws were overtly being broken nor policies violated; however, the federal healthcare privacy laws were applicable to the matter.
Through the review of laws and policies, the Ombudsman Advocate determined that all areas of the congregate living facility fall under the definitions of federal HIPAA privacy laws and therefore video recording without consent was a violation of privacy.
The Ombudsman Advocate provided education to the residents and staff and encouraged the facility to set clear written policies and procedures regarding video recording.
Through follow up visits, the Ombudsman Advocate monitored the progress of the policy development and the comfort of the residents. The Ombudsman also advocated for opportunities to support the hobby of the resident that likes to post on social media.
This is a specific example of the work the Ombudsman Advocates do for residents living in long-term care. For more information about receiving ombudsman services or becoming a Certified Ombudsman Associate Volunteer, please call 419259-2891 or 800-542-1874. Services are confidential and provided free of charge.
Lori Davis and Linda Bert are Ombudsman Specialists. ✲
