Failure to Obtain Consent and Post Signage for Electronic Monitoring
Penalty
Summary
The facility failed to follow its own electronic monitoring policy by not posting required signage at facility entry points and at the entrance to the resident's room where electronic monitoring was in use. Additionally, the facility did not obtain informed consent from the residents or their representatives before initiating video and audio monitoring in the room shared by two residents. Both residents were unaware of the presence of the electronic monitoring device, and neither had been informed or given consent for the monitoring. One resident's power of attorney was only contacted after the device was already in place and was not fully informed about the extent of the audio recording, believing it would be voice-activated rather than continuous. Documentation related to the electronic monitoring was incomplete and did not include required information such as the names of residents, dates of consent, or the presence of staff during consent discussions. There was also no evidence that the device was turned off during exams or provision of care, as required by policy. The care plan for one resident did not address the use of electronic monitoring, and the consent form lacked signatures and documentation from the roommate. These failures affected both residents in the room and did not comply with the facility's policy or regulatory requirements for resident rights and privacy.