Obscured Authorized Electronic Monitoring During Resident Care
Summary
The facility failed to ensure that a resident’s right to authorized electronic monitoring was not interfered with when staff obscured the view of the monitoring device in the resident’s bedroom. The resident was a [AGE]-year-old male admitted to the facility with diagnoses including traumatic brain injury, schizophrenia, seizure disorder, and major depressive disorder. His quarterly MDS dated 05/01/2026 reflected that he could not participate in the BIMS assessment due to cognitive impairment, and his care plan documented that his resident/responsible party had requested electronic monitoring. A video dated 05/28/2026 at 6:36 AM showed two CNAs entering the resident’s room and closing the privacy curtain so that the camera’s view of the resident, the CNAs, and the bed was obscured. What occurred behind the curtain was not visible, and the noises were not distinguishable. The recording ended with the privacy curtain still closed. The resident’s RP stated during interview that the facility had been instructed many times not to obscure the view of the resident from the camera, including during incontinent care, and that she had seen staff pull the curtain closed despite repeated requests not to do so. During interviews, CNA B stated she closed the privacy curtain to provide privacy and had not received instruction not to do so, despite being aware the curtain blocked the camera’s view. The SW stated the IDT and nursing staff had discussed that staff were not to close the privacy curtain during care for this resident, except when the RP was cursing at staff or saying ugly things through the camera. The DON stated staff pulled the curtain only when the RP was cursing or calling them names, and otherwise the curtain was to remain open with a full view of care. The ADM stated staff were told not to block the camera during care and that compliance was monitored through random checks. The facility policy on Authorized Electronic Monitoring stated the facility must permit a resident or legal representative to monitor the resident’s room using electronic monitoring devices.
Penalty
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