As if there weren’t enough problems to head off already when it comes to elder care, now there’s the potential for seniors’ abuse via social media.

That’s according to an NPR/ProPublica report that says not only are such instances occurring, they’re tough to prosecute.

Photos of elders in embarrassing or compromising positions that are posted online in such applications as Snapchat may offer amusement to social media aficionados, but they’re not necessarily illegal — despite the fact that they are clearly abusive to the elders whose images are captured.

Nursing homes and authorities alike are learning that laws written to protect the elderly predate social media to the extent that sharing a privacy-violating photo of a senior by an employee at a long-term care facility won’t necessarily provide grounds for either disciplinary action or prosecution.

The article gives an example of a senior in a care facility in Iowa whose photo, depicting him with trousers down and feces evident on his legs and hand, was shared on Snapchat by a certified nursing assistant. But the relevant Iowa law bars “sexual exploitation of a dependent adult by a caretaker,” a condition that did not apply since the photo did not show the patient’s genitals.

Although the facility fired the nurse assistant, there was nothing the state could do to discipline her, and she can continue to work with the elderly anywhere in the state. And while facilities often ban employees from carrying cellphones while in resident areas, it’s a tough rule to enforce, particularly among younger employees who, like other young people, often seem glued to their phones.

Not only are authorities struggling to catch up, previous ProPublica coverage caught the attention of Sen. Charles Grassley, R-Iowa, who has written to various social media companies to ask what they are doing to prevent such instances. Snapchat, in particular, lacks the means for someone to file a complaint on someone else’s behalf, requiring that the injured party make the complaint — which, in the case of elderly patients with dementia or completely unfamiliar with social media, is clearly impossible.

And the U.S Department of Justice is reviewing the situation, as are other regulators — but while new regulations are “in the works” at the U.S. Department of Health and Human Services, the nursing home industry is taking a more proactive approach, conducting training and sometimes even hiring third-party companies to monitor social media.

Instant Insights /

Social media abuse of nursing home residents tough to stop

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