F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
K

Violation of Resident Rights for Justice Involved Residents

Windsor Park Rehab & Nursing CenterQueens Village, New York Survey Completed on 06-30-2024

Summary

The facility failed to uphold the rights of 13 Justice Involved Residents, as identified during an Abbreviated Survey. These residents were not allowed to exercise their rights, such as choosing their own physician, making phone calls, formulating advance directives, receiving visitors at their discretion, receiving unopened mail, or communicating freely with other residents. The facility's policies on resident rights and visitation were not adhered to, as the residents remained under the authority of the Federal Bureau of Prisons, which imposed restrictions on their freedoms. Observations revealed that the Justice Involved Residents were subjected to physical restraints, such as shackles, and were secluded in their rooms for most of the day. They were not allowed to participate in communal dining or facility activities, and their privacy was compromised by the constant presence of security guards. Interviews with the residents confirmed these restrictions, and staff interviews indicated that the Bureau of Prisons controlled the residents' interactions and activities, rather than the facility itself. Specific cases highlighted include residents with various medical conditions requiring specialized care, such as intravenous antibiotic therapy and restorative therapy. Despite their medical needs, these residents were denied the autonomy to engage in activities or communicate freely, as all interactions and activities required approval from the Bureau of Prisons. The facility's failure to evaluate or order the use of restraints further compounded the issue, creating an environment that did not promote the residents' quality of life or respect their dignity.

Penalty

Inspection fine: $306,240
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0550 citations
Failure to Maintain Resident Dignity During Catheter Care and Dining
E
F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
Short Summary

Failure to maintain resident dignity was identified when three residents with indwelling urinary catheters had drainage bags hanging on the bedframe without privacy covers, despite physician orders for privacy covers every shift. In addition, a resident who was ordered to be fed by staff was observed being fed by a nurse aide standing beside the bed during lunch, and the DON confirmed the dining experience was not dignified.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Maintain Resident Dignity During Dressing Assistance
D
F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
Short Summary

A resident with dementia, anxiety, and osteoarthritis was observed sitting naked on the bed in full view of the hallway while a CNA assisted with dressing. The care plan directed staff to assist with dressing, and the CNA stated the curtain had not been pulled after returning the resident from the bathroom. The ED confirmed the facility failed to maintain the resident's dignity.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Provide Dignified Dining Experience
E
F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
Short Summary

Failure to provide a dignified dining experience: Four residents with significant diagnoses, including Parkinson’s disease, schizophrenia, cerebral palsy, TBI, and dysphagia, were brought to the assistive dining room for lunch but were not served their trays until more than 50 minutes after the posted mealtime. While other residents were already being assisted with eating, these residents were left watching the meal service, and the DON stated they should have been served at the same time as the others or not brought in until their trays were ready.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Protect Resident Dignity During Insulin Administration
D
F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
Short Summary

A facility failed to protect the dignity of two residents when an LPN administered insulin injections in the commons area in full view of surveyors, staff, and other residents. The LPN lifted each resident’s shirt, cleansed the injection site, and gave the subcutaneous insulin injection publicly rather than in a private area.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Late Meal Service and Public Medication Administration
E
F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
Short Summary

A resident with dementia, depression, and anxiety was seated in the dining room while other residents ate, but the lunch tray was not served with the group on two occasions. In a separate event, an LVN administered oral meds to another resident with intellectual disability and cerebral palsy in the dining room while wearing gloves, rather than in a private setting, which staff stated was not the facility’s practice and could be seen as disrespectful.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unauthorized Shaving of Resident's Beard
E
F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
Short Summary

A resident with dementia and Alzheimer's disease had his beard completely shaved by two CNAs without his RP's consent. The RP stated the resident had worn his beard for many years and had not been seen without it, and the DON stated the RP should have been notified because the resident lacked capacity to make decisions for himself. The facility policy required staff to ask the resident or, when appropriate, the resident representative about grooming preferences upon admission.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
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