Managing Personal Electronic Devices in Senior Care Organizations

Personal electronic devices (PEDs) — such cellphones, tablets, smartwatches, and other “smart” devices — are ingrained in modern life and will continue to proliferate as technology advances and consumer demand grows.

Although these devices are entertaining and convenient, they also can create challenges in the workplace, including senior care settings. The use of PEDs may create staff productivity issues, lead to privacy and security concerns, and negatively impact the defense of claims. For example, staff members might try to multitask while using devices, leading to distractions and errors that could potentially harm residents. Further, these distractions might annoy residents and their family members, who may perceive them as disrespectful, dismissive, or dangerous.

The use of PEDs also may affect resident care standards if, for example, staff members use unapproved artificial intelligence (AI) applications as a resource for resident care consults. The way staff members frame their questions or prompt the AI may not result in the current best practice in care delivery. The use of unapproved AI in these types of circumstances is referred to as “shadow AI,” and it can expose organizations to numerous risks and liability. Thus, senior care leaders should select, review, and monitor any AI technology that is approved for organizational use.

In terms of privacy and security, violations related to PEDs can occur both intentionally and unintentionally. For example, private information might be overheard or transmitted via audio, video, or photographs. Employees also might be tempted to participate in inappropriate activities, such as taking pictures of residents or posting information about residents on social media. Even seemingly harmless sharing (such as posting photos from special events or activities) can result in HIPAA violations, breaches of confidentiality, loss of trust, reputation harm, and other negative consequences.

Further, if senior care centers require or allow staff to use their PEDs for work-related activities, the devices might be vulnerable to subpoena in a legal case. The length of time the attorney might retain the PED could be weeks or months. Also, consider most PEDs contain an individual’s personal and private information. While the attorney has the device, they have access to all the staff member’s data.

Senior care leaders should anticipate the potential risks associated with PEDs and create comprehensive policies about PED use in the workplace to mitigate possible negative outcomes and ensure a consistent and fair approach for all staff members. Potential areas that policies should cover include:

• Appropriate times for employees to make personal phone calls or initiate personal communications (e.g., during short breaks and lunch breaks).
• Protocols for making calls outside of personal time (e.g., during unexpected or emergency situations), including appropriate locations to do so.
• Rules regarding whether employees can carry PEDs with them while they’re on duty or whether the devices should be stowed in lockers, purses, desks, etc. If employees are allowed to carry PEDs throughout the day, policies should define inappropriate use (e.g., texting, listening to music, playing games, surfing the internet, and consulting unapproved AI applications).
• Expectations regarding whether devices must be silenced, set to vibrate, or have the volume lowered during working hours.
• Information regarding the photographic use of PEDs throughout the organization, including when and where it’s strictly prohibited.
• Social media guidance that includes information related to resident privacy and confidentiality, online connections with residents or their families, posting of proprietary information (even if workers think it cannot be identified), sharing photos of residents and organizational events, etc.
• Rules related to storing and transmitting any protected health information or other confidential data on PEDs.
• Standards for using facility-owned technology, including laptops, cellphones, tablets, and any AI applications.
• Consequences for violating the organization’s PED policies, including potential suspension or termination.

In addition to detailed PED policies, senior care organizations should provide thorough training for all staff members (as well as volunteers) that covers information about state and federal privacy laws, risks associated with PEDs, the organization’s PED and social media policies, and potential consequences for policy violations. Organizational leaders also should make staff members aware that a plaintiff’s attorney could subpoena their PEDs if a resident adverse event occurs.

Comprehensive policies and instructive education and training can help bolster compliance, mitigate the risk of privacy violations, improve resident and family satisfaction, and reinforce the organization’s ongoing commitment to providing safe, respectful, courteous, and responsive resident care.

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