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32 | A review of facility records revealed that staff are provided a Non-Disclosure Agreement, Health Insurance Portability and Accountability Act (HIPAA) Compliance information, and Medical Information Confidentiality Agreement in the Employee Handbook. In addition to the Employee Handbook, staff are given a form, Prohibiting Staff from taking and/or Distributing Photographs and Recordings that Demean or Humiliate Residents which was signed by staff S1 on 4/12/2022. Lastly, employees are given a Loyalty, Confidentiality & Non-Solicitation Agreement that is initialed and signed by staff. During an interview with the Administrator, the Administrator recognized the photo of the staff person, S1, whose account disclosed the photo of the resident’s confidential information. Administrator also recognized a resident’s name that was disclosed and clearly visible within the photo. On November 15, 2022, LPA toured the facility and observed that staff personal belongings were kept in the area where the medication carts are located.
Based on the Department’s investigation of the above-mentioned allegation and the evidence obtained during staff interviews, records reviewed, and LPA observations, there is sufficient evidence to meet the preponderance of evidence standard. Therefore, the above allegation is deemed to be substantiated. California Code of Regulations, Title 22, Division 6, Chapter 8, is being cited on the attached LIC9099D.
The report was discussed, plan of correction was jointly developed, and an exit interview was conducted with Administrator Amy Jeffers. A copy of this report and LIC 811 along with Licensee/Appeal Rights (LIC9058 3/22) was provided to Administrator Jeffers at the conclusion of the visit. The signature below confirms the receipt of these documents. |