Ch. 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.