Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 7. Interview on 1/9/25 1:55 p.m. with DON B regarding audio video monitoring devices in resident rooms revealed:
*She stated all of the devices were put into place in the last month.
-Resident 1 used her's to make phone calls.
-She was not aware residents 12 and 37 had a device.
-They were mostly used for psychosocial reasons such as playing music.
-She was not aware the devices had a drop in feature (when a someone with access to the device, was able to initiate video monitoring without the residents or staff knowledge).
-They did not have residents sign an informed consent form.
-She had recently developed a written a policy for audio and video monitoring devices.
-She confirmed the audio and video monitoring device policy was written on 1/8/25 an not on 1/8/24.
8. Review of the 11/2020 South Dakota State Long-Term Care Ombudsman Program resident rights handbook the provider includes in their admission packet for newly admitted residents revealed:
*Video monitoring device -a camera or other device, which captures, records or broadcasts video and which is placed in a resident's room and used to monitor the resident or activities in the room.
*Before initiating video monitoring, a resident shall complete and submit to the facility a notice and consent form .
*The facility shall post conspicuous signage at the entrance to the resident's room indicating that the room is being monitored by means of a video monitoring device.
9. Review of the provider's 12/3/24 Video/Audio Monitoring 'policy revealed Video and audio monitoring are not allowed in resident rooms and bathrooms.
10. Review of the provider's 1/8/24 (1/8/25 per DON B interview) [NAME] Device Policy revealed:
*The facility has the responsibility and authority to manage, monitor, and establish protocols for the use of the [NAME] devices.
-Protocols may be amended, and be communicated, as resident interests, staff ability, and technology changes.
*This policy does not supersede nor negate existing policies addressing, but not limited to the following
-The facility values and standards of behavior are not compromised.
11. Review of the provider's undated Personal Smart Device Protocol revealed:
*Devices may be initiated by facility for psychosocial reasons
*Devices may be initiated by family for connectivity.
Based on observation, interview, document review, and policy review the provider failed to ensure practices were in place to ensure the residents' right to privacy for six of six (1, 12, 20, 25, 37, and 42) sampled residents with audio and video monitoring devices in their rooms.
*Obtain consent for audio and video monitoring use for six of six (1, 12, 20, 25, 37, and 42) sampled residents with audio and video monitoring devices in their rooms.
Findings include:
1. Observation on 1/7/25 at 2:18 p.m. of residents' (12 and 37) room revealed:
*An [NAME] device with a screen was sitting on the over-the-bed table beside a recliner.
*The device was on.
*The screen displayed the current weather.
*There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.
2.Resident group interview on 1/8/24 at 1:25 p.m. revealed:
*Resident 10 was the resident council president and started the meeting reviewing the resident rules.
-The rule addressed at that time was regarding video monitoring.
*Resident 10 stated, We don't do that, I don't think.
*She asked if the other resident present had heard or seen video monitoring, but there was no response.
3. Interview on 1/9/25 at 9:29 a.m. with certified nursing assistant (CNA) L revealed:
*She was unaware of any video or auditory monitoring devices in residents' rooms.
*There were devices in residents' rooms used to make and receive calls.
*Some of the devices had video screens.
*She was unaware that some devices had the ability, for someone outside the facility, to listen to what was happening in the room.
4. Interview on 1/9/25 at 9:57 a.m. with registered nurse (RN) I revealed:
*She was unaware of any video or auditory monitoring devices in residents' rooms.
*Some residents had [NAME] devices in their rooms.
*She was unaware that some devices had the ability, for someone outside the facility, to listen to what was happening in the room.
5. Interview on 1/9/25 at 10:07 a.m. with licensed practical nurse (LPN) M revealed:
*She was aware that some devices had the ability, for someone outside the facility, to listen into a resident's room with an [NAME]-type device.
*She identified residents 1, 12, 20, 25, 37, and 42 as having [NAME]-type devices.
*She stated that the provider supplied the devices in resident 25's and resident 42's rooms.
*The other devices were provided by residents' families.
6. Observations and interviews on 1/9/25 between 1:22 p.m. revealed:
*Resident 1 had two [NAME] devices:
-She had an [NAME] Echo on her dresser and she stated she used it to listen to music.
-She had an [NAME] Echo Show on her over-the-bed table.
--The [NAME] Echo Show had a video screen.
--She stated that she used that device to call her family.
-There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.
*Residents 12 and 37 shared a room.
-An [NAME] Echo Show was on an over-the-bed table beside a recliner.
-Resident 12 stated that they used it to make video calls to family and to check the weather.
-There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.
*Resident 20 had an iPad on her over-the-bed table.
-She stated she used it to make video calls.
-There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.
*Resident 25 had an [NAME] Echo Pop on her shelf.
-Music was playing on the device.
-There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.
*Resident 42 had an [NAME] Echo Pop on her bedside table.
-Music was playing on the device.
-There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.
*She stated all of the devices were put into place in the last month.
-Resident 1 used her's to make phone calls.
-She was not aware residents 12 and 37 had a device.
-They were mostly used for psychosocial reasons such as playing music.
-She was not aware the devices had a drop in feature (when a someone with access to the device, was able to initiate video monitoring without the residents or staff knowledge).
-They did not have residents sign an informed consent form.
-She had recently developed a written a policy for audio and video monitoring devices.
-She confirmed the audio and video monitoring device policy was written on 1/8/25 an not on 1/8/24.
8. Review of the 11/2020 South Dakota State Long-Term Care Ombudsman Program resident rights handbook the provider includes in their admission packet for newly admitted residents revealed:
*Video monitoring device -a camera or other device, which captures, records or broadcasts video and which is placed in a resident's room and used to monitor the resident or activities in the room.
*Before initiating video monitoring, a resident shall complete and submit to the facility a notice and consent form .
*The facility shall post conspicuous signage at the entrance to the resident's room indicating that the room is being monitored by means of a video monitoring device.
9. Review of the provider's 12/3/24 Video/Audio Monitoring 'policy revealed Video and audio monitoring are not allowed in resident rooms and bathrooms.
10. Review of the provider's 1/8/24 (1/8/25 per DON B interview) [NAME] Device Policy revealed:
*The facility has the responsibility and authority to manage, monitor, and establish protocols for the use of the [NAME] devices.
-Protocols may be amended, and be communicated, as resident interests, staff ability, and technology changes.
*This policy does not supersede nor negate existing policies addressing, but not limited to the following
-The facility values and standards of behavior are not compromised.
11. Review of the provider's undated Personal Smart Device Protocol revealed:
*Devices may be initiated by facility for psychosocial reasons
*Devices may be initiated by family for connectivity.
Based on observation, interview, document review, and policy review the provider failed to ensure practices were in place to ensure the residents' right to privacy for six of six (1, 12, 20, 25, 37, and 42) sampled residents with audio and video monitoring devices in their rooms.
*Obtain consent for audio and video monitoring use for six of six (1, 12, 20, 25, 37, and 42) sampled residents with audio and video monitoring devices in their rooms.
Findings include:
1. Observation on 1/7/25 at 2:18 p.m. of residents' (12 and 37) room revealed:
*An [NAME] device with a screen was sitting on the over-the-bed table beside a recliner.
*The device was on.
*The screen displayed the current weather.
*There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.
2.Resident group interview on 1/8/24 at 1:25 p.m. revealed:
*Resident 10 was the resident council president and started the meeting reviewing the resident rules.
-The rule addressed at that time was regarding video monitoring.
*Resident 10 stated, We don't do that, I don't think.
*She asked if the other resident present had heard or seen video monitoring, but there was no response.
3. Interview on 1/9/25 at 9:29 a.m. with certified nursing assistant (CNA) L revealed:
*She was unaware of any video or auditory monitoring devices in residents' rooms.
*There were devices in residents' rooms used to make and receive calls.
*Some of the devices had video screens.
*She was unaware that some devices had the ability, for someone outside the facility, to listen to what was happening in the room.
4. Interview on 1/9/25 at 9:57 a.m. with registered nurse (RN) I revealed:
*She was unaware of any video or auditory monitoring devices in residents' rooms.
*Some residents had [NAME] devices in their rooms.
*She was unaware that some devices had the ability, for someone outside the facility, to listen to what was happening in the room.
5. Interview on 1/9/25 at 10:07 a.m. with licensed practical nurse (LPN) M revealed:
*She was aware that some devices had the ability, for someone outside the facility, to listen into a resident's room with an [NAME]-type device.
*She identified residents 1, 12, 20, 25, 37, and 42 as having [NAME]-type devices.
*She stated that the provider supplied the devices in resident 25's and resident 42's rooms.
*The other devices were provided by residents' families.
6. Observations and interviews on 1/9/25 between 1:22 p.m. revealed:
*Resident 1 had two [NAME] devices:
-She had an [NAME] Echo on her dresser and she stated she used it to listen to music.
-She had an [NAME] Echo Show on her over-the-bed table.
--The [NAME] Echo Show had a video screen.
--She stated that she used that device to call her family.
-There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.
*Residents 12 and 37 shared a room.
-An [NAME] Echo Show was on an over-the-bed table beside a recliner.
-Resident 12 stated that they used it to make video calls to family and to check the weather.
-There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.
*Resident 20 had an iPad on her over-the-bed table.
-She stated she used it to make video calls.
-There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.
*Resident 25 had an [NAME] Echo Pop on her shelf.
-Music was playing on the device.
-There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.
*Resident 42 had an [NAME] Echo Pop on her bedside table.
-Music was playing on the device.
-There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.