048-15 Wyo. Code R. §§ 15-5 - Facility Use of a Recording from a Resident's Electronic Monitoring Device
(a) Pursuant to
W.S.
35-2-1303(d), in the event
the resident uses a copy of a recording made by a resident's electronic
monitoring device in an administrative hearing, a facility may request a copy
of that recording. This request must explain the reason for the request and be
limited to a timeframe of the recording specific to the scope of any complaint
made by the resident against the facility or facility employee. A resident has
the right to refuse permission to provide access to the recording. A facility
may not access any recording without written permission of a
resident.
(b) Facilities requesting
recordings from a resident must notify the Long-Term Care Ombudsman of the
request and the reason for their request within one business day of the
request. Facility must notify the Long-Term Care Ombudsman of receipt of any
recording within one business day of receipt.
(c) Pursuant to
W.S.
35-2-1303(d), a facility may
use a recording made by a resident's electronic monitoring device with the
consent of the resident according to the following:
(i) If the facility is an assisted living
facility to investigate a suspicion of:
(A)
Abuse, neglect, or exploitation as required under Rules, Department of
Health, Aging Division, chapter 12, § 7(i) (2020);
(B) A violation of resident rights
established under Rules, Department of Health, Aging Division,
chapter 12, § 7(c) (2020); or
(C) The resident not receiving care and
services in accordance with the resident's needs as contemplated under
Rules, Department of Health, Aging Division, chapter 12
(2020).
(ii) If the
facility is a nursing care facility, to investigate a suspicion of:
(A) Abuse, neglect, or the misappropriation
of resident property as required under
42 C.F.R. §
483.12;
(B) A violation of resident rights
established under
42 C.F.R. §
483.10; or
(C) The resident not receiving care and
services in accordance with the resident's needs as contemplated under 42
C.F.R. Part 483, Subpart B.
Notes
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