Failure to Protect Resident Privacy Due to Unrestricted Camera Use in Shared Room
Penalty
Summary
The facility failed to secure privacy for three residents by allowing a responsible party (RP) to remotely control a tablet with a camera in a shared resident room. The RP used the device to monitor his family member continuously, including during personal care activities such as bathing, toileting, and dressing. Staff interviews confirmed that the RP could see and hear not only his family member but also the other residents and staff in the room, including during private care activities. The RP also insisted on keeping curtains open to maximize the camera's view, further compromising the privacy of all residents in the room. Residents expressed discomfort and concern about being watched and having their privacy invaded. One resident with intact cognitive skills explicitly stated she did not consent to the surveillance and felt uncomfortable using the restroom due to the camera. Another resident reported sleep disturbances and distress due to the camera being on at all times and the associated light and noise. Staff also reported feeling uncomfortable and observed that the camera captured images and audio of all residents and staff in the room, raising concerns about HIPAA violations and the privacy of medical information. A review of facility policies revealed that there was no care plan addressing the use of the electronic device in the room, despite the facility's policy requiring protection of resident privacy and dignity. The policy also specified the use of headphones for video calls, which was not followed. The Director of Nursing acknowledged that the current situation did not respect the privacy and dignity of the residents and that the RP's actions were invasive to both residents and staff.