Wyoming Administrative Code
Agency 048 - Health, Department of
Sub-Agency 0003 - Aging Division
Chapter 15 - ELECTRONIC MONITORING OF LONG-TERM CARE
Section 15-5 - Facility Use of a Recording from a Resident's Electronic Monitoring Device

Universal Citation: WY Code of Rules 15-5

Current through December 21, 2024

(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.

Disclaimer: These regulations may not be the most recent version. Wyoming may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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