Complaint Investigation Report

OS stated they have only seen photos of meals, activities, and minor medical issues and that all photos appeared appropriate and respectful. OS stated they have never seen or heard of staff taking photos of residents who were undressed or of their private areas.

LPA interviewed the administrator (ADM). ADM stated that staff regularly take photos of residents’ meals, activities, clothing, and rashes when needed for documentation. ADM stated that staff do not take full-face photos of residents, and if a face is captured, it is blurred. ADM reported that verbal and written consent was obtained from all responsible parties or POAs except for one resident, and that no photos are taken of that resident. ADM stated that no residents have cameras in their rooms and that there are no plans to install cameras in bedrooms. ADM also stated that many residents have rashes in their private areas and that staff monitor these regularly, sometimes taking photos of the rash and the cream applied, and only with responsible party consent.

A review of records revealed that five residents had signed written consent forms allowing the facility to take photos or videos strictly for care-related reasons. The form explains that photos may be used to help staff understand behaviors, communicate with healthcare providers, and document medical issues. It also states that photos are kept private, stored securely, only shared with the resident’s care team, and that consent is voluntary and may be revoked at any time. One resident’s responsible party declined consent, and no photos are taken for that resident.

Based on interviews and review of records, there is no evidence to support the allegations that staff violate residents’ privacy or dignity during care. At this time, all allegations are unsubstantiated. An exit interview was conducted with Gary Rathi. A copy of this report along with licensee rights (LIC 9058, 3/22) was provided to Gary Rathi whose signature below verifies receipt of these rights.