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32 | Continued from LIC9099
Investigation Findings: It was reported to the department that staff have installed a camera in a resident’s bedroom without consent. LPAs inspected four resident rooms observing cameras in each room. R1 informed LPAs that they did not give consent to having the device installed in the room. R2 informed LPAs that they did not consent to having the camera installed in the room. S1 informed LPAs that the system has not been activated yet, so there is no feed. S1 stated he device is a fall detection system used for fall detection and do not record audio or video. Both S1 and S2 confirmed the facility has not given any resident a consent form. W1 informed LPAs that the cameras are not programmed for audio but could not confirm if the cameras are capable or not of audio. S2 informed LPAs that the facility has not yet gone live, so none of the cameras are functioning as the facility is awaiting approval of the sage system. LPAs reviewed the Admission Agreements for R1, R2 and R3, and noted that the Admission Agreement explicitly states there are to be no nanny cameras or other surveillance devices in resident rooms. LPAs also reviewed R1, R2, and R3’s files and noted no consent in their files for a camera to be installed. The preponderance of the evidence standard has been met, and therefore the allegation is SUBSTANTIATED.
Deficiency is cited from Title 22 California Code of Regulations (see LIC9099D). Failure to submit proof of correction by plan of correction due date and any repeat violation within 12 month period may result in an additional civil penalty.
Deficiency and plan and proof of correction were discussed with Executive Director Carol Dowell
Exit interview conducted, Appeal Rights, and a copy this report provided.
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