Failure to Protect Resident Privacy with Improper Use of Monitoring Devices
Penalty
Summary
The facility failed to protect the privacy and confidentiality of three residents' personal and medical information by not restricting access to baby monitors used for resident monitoring. Observations revealed that cameras were installed in residents' rooms and the live video feeds were displayed on monitors placed in areas accessible to unauthorized personnel and passersby. For example, one resident's baby monitor was left on top of a medication cart in a public area, allowing anyone passing by to view the resident's bed, even when the resident was not present in the room. Additionally, monitors were left on at nursing stations or desks, sometimes unattended, with the display screens visible to anyone entering or passing by the area, including non-staff individuals. Staff interviews confirmed a lack of consistent understanding and adherence to privacy protocols regarding the use of monitoring devices. Some staff members were unaware of the intended use or placement of the cameras, while others admitted to leaving monitors on and in visible locations for convenience during medication passes or while away from the nursing station. The Director of Nursing acknowledged that the current practice could potentially violate residents' privacy, especially when the monitors captured and displayed images of residents who were not the intended subjects of monitoring. The facility's own policy required that monitoring devices be used solely as safety interventions, with access restricted to authorized staff and in a manner that respects residents' dignity and privacy. However, the observed practices did not align with these requirements, as monitors were left on and visible in public or semi-public areas, and sometimes displayed images of multiple residents without proper consent or notification to responsible parties.