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32 | An attempt to interview R1 was made but it was confirmed by the reporting party via an interview that (R1) never resided in the facility.
Allegation: Staff did not ensure resident's privacy was protected.
It is alleged that the facility fails to protect residents’ privacy by allowing staff to film and photograph residents without their consent and post the images online for profit, in violation of resident rights. On 04/17/2026, between 8:00 AM and 4:50 PM, the Department conducted an interview with, Administrative, staff member Esperanza Naaktgeboren (S1). S1 stated she is the Executive Director and is responsible for ensuring compliance with HIPAA and resident rights. When asked about the facility’s policy on photographing or recording residents, S1 reported that residents sign a consent form upon admission for identification purposes on their face sheet. S1 stated that any photos or videos require a signed consent form from the resident or responsible party, and that the facility does not authorize photo or video recording beyond necessary identification. S1 reported awareness of one incident in which a caregiver took a photo of a cup and a resident on a Hoyer lift to show her. S1 denied personally taking any photos or videos of residents and denied any knowledge of resident images or videos being shared outside the facility, including on social media.
On 04/17/2026 the Department interviewed Staff #1-#6 (S1-S6). Out of those interviewed 6 out of 6 staff interviewed denied the allegation. The department conducted interviews with Residents #2- #10 (R2-R10). Out of those interviewed 9 out of 9 residents denied the allegation.On 04/17/2026, between 8:00 AM and 4:50 PM, the Department requested, obtained and reviewed the resident roster and it showed that R1 was never a resident residing at the facility. The Department requested a copy of the Admission Agreement for R1; however, the facility was unable to provide one because R1 never resided at the facility. The Department also reviewed videos provided by the reporting party, which were alleged to show R1 being filmed inside the facility. Upon review, the Department confirmed that the facility shown in the videos was not the facility against which the allegation was made. No documentation was or could be obtained indicating or confirming that R1 had ever been admitted to or resided in the facility. Based on the information obtained, the allegation is unsubstantiated.
Based on the information gathered, interviews conducted,and an analysis of records reviewed, the department found no evidence to support the allegation mentioned above. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation, did or did not occur, therefore the allegation is Unsubstantiated.
An exit interview was conducted with the Marketing Director Marcus Falani and a copy of this report was provided.
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