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32 | The LPA interviewed six of the seven residents residing at the facility. Of the residents interviewed, five were unable to provide reliable statements due to being nonverbal or having a diagnosis of dementia. One resident was able to participate in an interview and stated that he was not informed that surveillance cameras were installed in the facility at the time of admission.
During the document review, the LPA reviewed the Admissions Agreement, which included language regarding consent for photographs/images and the use of 24-hour surveillance. LPA reviewed the facility's camera application and observed that the cameras were recording both video and audio in the common areas and outdoor areas. Although the Administrator stated that the audio recording function had been disabled, the LPA observed that the camera settings remained enabled and audio was actively being recorded. LPA observed that there were no signs posted notifying residents, visitors, or staff that surveillance cameras were in use or that audio recording was taking place.
Based on LPA observations, interviews and record review, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. See LIC9099-D for cited deficiencies per Title 22 Division 6 of the California Code of Regulations.
An exit interview was conducted with the facility representative and a copy of this LIC9099 and LIC9099-D, along with a copy of the appeal rights was left at the facility. |