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32 | interviews from 2:28PM to 3:20PM and gathered copies of documents pertinent to the investigation. During a previous Case Management visit on 7/19/2021, LPA Dulek had conducted staff and resident interviews at 7:15AM, 7:26AM, 7:51AM, and 8:14AM. On 7/19/2021, LPA toured the Memory Care unit at 7:15AM. The following was then concluded:
An incident report was received in the Woodland Hills Regional Office via fax on 07/15/2021. The report indicated that on 07/13/2021 the facility was made aware of a social media video of Resident #1 (R1). The video was recorded in R1’s room during the evening on 07/12/2021 and posted to social media by Staff #1 (S1). Interview revealed that former staff, S1, had video recorded R1 in R1’s room. Review of R1’s facility Admission Agreement and Resident Photo Consent revealed that while R1’s representative did give authorization to Oakmont Senior Living to use R1’s photographs taken during events and activities to display in the community or on the community’s social media pages for advertising purposes. However, the video in question was found to be posted to S1’s personal social media. Further, Oakmont staff policy indicates “no one is permitted to photograph, videotape, or voice record a resident without their consent.” Interview and record review revealed that no written authorization was given for S1 to video record R1. Therefore, based on interview and record review, the allegation that “staff video recorded resident without permission is deemed” SUBSTANTIATED at this time.
The incident report the facility provided to the Woodland Hills Regional Office on 07/15/2021 indicated facility was made aware of a snap chat video of R1. Interview revealed that an unrelated citizen of Camarillo had seen the video on their social media on 07/12/2021 and the citizen’s family member reported to the facility on 07/13/2021. The video was shown to facility staff on 07/13/2021 and facility staff acknowledged viewing the video and it’s contents. Based on interview and observation, the allegation that “staff posted a video of resident on social media” is deemed SUBSTANTIATED at this time.
LPA interviewed staff, and R1 with regard to the complaint allegations. Interview revealed that facility staff were laughing while present in R1’s room, talking, and saying things to get a reaction from R1. Observing staff stated they “didn’t feel comfortable with it” and that “(R1) did not like it, was getting upset.” Resident interview revealed that staff are “not particularly nice.” Therefore, based on interview, the allegation that “staff mocked resident” is deemed SUBSTANTIATED at this time.
Pursuant to Title 22 CA Code of Regulations, the following deficiencies were cited (refer to LIC 9099-D). Exit interview conducted. A copy of the report was provided via email.
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