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32 | (Continued from LIC9099)
Resident interview revealed that they are aware of cell phone use by the staff but the understanding is that the phones are used to complete the staff's work duties.
Outside source interview revealed Staff 1 (S1) positioned a personal device, a cell phone, to speak to S1's family members and the position of the personal phone showed residents’ faces and surroundings were visible to multiple bystanders, and at least one call included a third party recording the screen without clear resident consent. Residents were not offered private space or headphones, and no signage or procedure was evident to ensure confidentiality during video communications. The environment and manner of facilitation did not reflect adequate safeguards for resident privacy or informed consent.
Records review included admission agreements, resident rights acknowledgments, and facility policies addressing employee communications (telephone/video calls), photography, and social media. The policy states that employees personal use of the telephone for calls are not permitted. The policy of camera phones states that no employee may use a camera phone function on any phone on company property or while performing work due to the potential for issues such as invasion of privacy.
Based on relevant interviews and records review, the preponderance of evidence has been met that alleged violation(s) occurred and are therefore substantiated. Deficiencies are cited per California Code of Regulations, Title 22 (refer to the attached LIC 9099-D). A Plan of Correction was jointly developed with the licensee. An exit interview was conducted with the Administrator, to whom a copy of this report, and the Licensee/Appeal Rights (LIC9058 03/22) were provided. |