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32 | Facility staff did not allow Ombudsman right to access and look at a resident's records.
On the allegation that the ‘Facility staff did not allow the Ombudsman right to access and look at a resident's records’; it is the complainant’s concern that the Ombudsman were not allowed to review R1 records. To investigate the allegation, the LPA interviewed R1, the Ombudsman and the administrator. Per the R1’s interview, they gave written permission to the Ombudsman to review their resident’s records. Per the interview with the Ombudsman, the interview revealed that on 06/09/2023, they received permission from R1 via the State of California-Consent to Access and Disclose Confidential Form (OSLTCO S201). The administrator stated that they were informed by their consultant that they did not have to release the information to the Ombudsman, consequently the administrator did not allow the Ombudsman access to R1’s facility records.
Based on the information and record review obtained, there is sufficient evidence to support the allegation that the Facility staff did not allow Ombudsman the right to access and look at R1’s records. Therefore, the allegation is deemed to be Substantiated at this time.
Facility staff is recording all conversations in facility.
On the allegation that the Facility staff is recording all conversations in facility, it is the complainant’s concern that the administrator stated that "all conversations in facility are being recorded". The LPA investigated the allegation by interviewing the complainant who stated that the Ombudsman was told by the administrator that the conversations were being recorded at the facility. The Ombudsman interview revealed that the administrator said to them during the course of a visit that “all conversations in facility are being recorded”. The LPA could not find visible recording devices; however, the LPA did observe staff recording them with their private phones during a visit that was conducted on 06/19/2023.
Based on the information obtained, the preponderance of evidence supports the allegation that the Facility staff is recording conversations in facility. Therefore, the allegation is deemed Substantiated at this time. This allegation was cited during a Case Management Visit on 06/21/2023.
Pursuant to Title 22, California Code of Regulations (CCR), the following deficiency is cited (refer to LIC 9099-D).
Exit interview was conducted. A copy of the report and Appeal Rights were issued. |