complaint·April 15, 2024

During the investigation process, the administrator and family members were interviewed. The residents, Resident 1 and Resident 2 were observed; however, were not interviewed due to their cognitive impairment. In addition, LPA Gurriere toured the apartments of the memory care residents. The current resident Admission Agreement (AA) does not have a clearly stated camera policy in place. If the facility implements an addendum in their AA for future residents that includes prohibiting cameras or video surveillance in residents private living areas, it will apply only to new admissions moving forward and would not apply to the residents prior to that change. The licensee is required to promote and protect resident rights to privacy and dignity as specified in existing statute and regulations , Personal Rights Section 87468 and Health and Safety Code 1569.269. The Licensing Program Analyst (LPA) will determine on a case-by-case basis if a resident or resident’s use of any personally operated video surveillance cameras violates any resident or resident’s right to privacy and dignity. The best practice shall be that the resident or the resident’s power of attorney shall have signed an informed consent. It was reported that two families are requesting to use video cameras in the resident’s apartments. The following shall apply: · Residents are allowed to have cameras in their apartments provided that the resident or the resident’s power of attorney signs a consent. o Under no circumstances shall a second party sign a consent on the resident’s behalf. o The video surveillance shall not have the capability of an audio component; thus, an audio component shall not be allowed. · The video camera cannot violate anyone else’s rights; therefore, if the resident has a roommate, that resident or the resident’s power of attorney shall have a written consent to allow the camera in the residents’ apartment. If the licensing agency receives a complaint from another resident, the LPA would need to investigate to determine if their rights were violated. · If the licensee wishes to add an addendum to their AA, they shall submit the new AA to the licensing agency for review and approval prior to implementation. It is noted that the licensee did not have an updated AA on file with the licensing agency when addressing the cameras in resident apartments. The department does not have a specific regulation or a policy in place regarding having cameras in resident apartments but does honor resident’s personal rights to maintain cameras in their personal spaces as long as there is consent and other resident’s rights are not violated. It was determined that the above allegation did happen and a policy around video surveillance in resident rooms was not in place at the time of admission for the residents in question; therefore, the above findings are Substantiated . Appeal Rights were explained and provided to the facility representative listed above and an exit interview was conducted. If any of the cited deficiencies are not corrected by the noted due date, civil penalties may be assessed.