Failure to Provide Accurate Information on Electronic Monitoring Rights
Penalty
Summary
The facility failed to provide accurate information to a resident's representative regarding the authorization and process for installing an electronic monitoring device in the resident's room, resulting in miscommunication and lack of informed consent related to resident rights. The resident in question was admitted with multiple diagnoses, including muscle wasting, COPD, acute bronchitis, and COVID-19, and was noted to be alert and oriented to person and place, but with moderate impairment in decision-making and episodes of confusion. The resident's daughter, who held Power of Attorney, requested to install a video surveillance camera in the resident's room and was initially told by the RN Supervisor, based on information from the DON, that cameras were not allowed in resident rooms according to facility policy. The admission contract, however, stated that video cameras are prohibited in resident rooms unless the resident or representative follows steps outlined under Illinois law, which includes notifying the facility and obtaining necessary consents. The admission assistant discussed this policy with the resident and the daughter, and the contract was signed, with the daughter acknowledging that cameras could be allowed if procedures were followed. Despite this, the RN Supervisor continued to inform the family that cameras were not permitted, based on the DON's interpretation of the policy, which overlooked the exception allowing cameras if legal steps were followed. The DON later admitted that she had focused only on the prohibition statement in the contract and did not notice the clause allowing cameras under certain conditions. There was no direct communication between the DON and the resident's representative regarding the request, and the family was not provided with accurate or complete information about the process for authorizing electronic monitoring, leading to confusion and a lack of informed consent regarding the resident's rights.