Use of Audio Surveillance Devices in Common Areas in Intermediate Care Facilities for Individuals with Intellectual Disabilities
• Use of audio surveillance devices in ICF/IID: To ensure that client’s rights are protected, the use of audio surveillance
devices in the ICF/IID must be reviewed, approved and monitored by the Specially Constituted Committee (SCC) of the facility
as constituted per 42 CFR 483.440(f)(3)(i-iii).
• Informed Consent: If approved by the SCC, written informed consent must be obtained from every affected client or designated
guardian prior to the implementation of audio surveillance devices. Audio surveillance devices may be used in common areas
within the ICF/IID.
• Prohibitions: Audio surveillance devices may never be used for any reason in areas where there are the highest expectations
of privacy such as bathrooms, areas for private visitation or areas for private phone calls. Audio surveillance devices may
not be used as a substitute for or supplement to adequate staffing or supervision protocols. The cost of the audio surveillance
devices must be incurred by the facility and not the clients.