Failure to Address Intimacy Rights and Safe Sex Practices
Summary
The facility failed to have a system or policies in place to address the intimacy rights of mentally ill female residents of child-bearing age, leading to a significant deficiency. This deficiency resulted in a female resident becoming pregnant by another resident, which caused her psycho-social harm and led to her hospitalization. The resident, who has schizophrenia, anxiety disorder, epilepsy, and asthma, was unable to care for a child due to her need for 24-hour custodial care. The facility did not adequately assess her ability to engage in safe sex practices, and she refused condoms and other forms of birth control. The facility's lack of policies and processes to monitor menstruation cycles, perform pregnancy testing, distribute contraceptives, and complete intimacy assessments and consents contributed to the deficiency. Staff interviews revealed that there was no tracking of residents engaging in intimate relationships or the distribution of condoms. The facility did not have a process to monitor residents in intimate relationships, and there was no policy regarding contraceptives. The resident's care plan was not updated to address her desire to become pregnant and her engagement in unprotected sex. The facility's failure to address these issues resulted in an Immediate Jeopardy situation, as the resident's pregnancy placed her in a catastrophic situation. The facility was aware of the resident's intimate activity and her refusal of contraceptives but did not take appropriate actions to prevent the pregnancy. The facility's policies did not address how to care for residents who become pregnant while residing at the facility, and there was no process to track intimate relationships or the distribution of condoms.
Removal Plan
- Policies have been developed for Contraception Policy, Menstrual Cycle Monitoring Policy, Intimate Relationship Assessment and Education Form Policy.
- Nursing and PRSD/PRSC staff have been training regarding Contraception Policy, Menstrual Cycle Monitoring Policy, Intimate Relationship Assessment and Education Form Policy and responsibilities regarding all policies.
- Residents of childbearing age and who engage in sex are offered contraceptives by PRSC/PRSD staff. If resident chooses medicine-based contraceptive, they will be referred to nursing who will contact MD for orders.
- New admissions will have admission assessment completed and placed on menstrual cycle tracking as indicated.
- New admissions will have Intimacy assessment and Education Form completed upon admission assessment and will have contraceptives offered. If resident chooses medicine based contraception, MD will be contacted per nursing.
- The facility has developed new policies on Contraception use, Intimate Relationship assessment and education form, and Menstrual Cycle Monitoring. Policies reviewed with Medical Director.
- The facility will ensure that Nursing Staff and psych social staff are educated on responsibilities regarding the following policies: Contraception policy, Menstrual Cycle Monitoring Policy, and Intimate Relationship Assessment and Education Form Policy. Employees that are on vacation will be educated prior to returning to the facility.
- The facility will audit residents medical record to identify female residents of childbearing age, these residents will have menstrual cycle tracking by nursing staff and will be offered contraception and education regarding contraception. If resident chooses medicine-based contraception, MD will be contacted for orders per nursing. Facility audit initiated by the PRSD.
- The facility PRSD and the PRSCs educated on intimacy assessment and education form policy, including review of intimacy assessment and education form, review of need to educate residents regarding contraception and safe sex practices, review of educating residents regarding risks of pregnancy which include an understanding that they will not be able to continue to reside in facility. Education provided by Regional Director of Behavioral Health.
- A QA tool developed to monitor menstrual tracking. During facility rounds, the DON or designee will ensure that menstrual tracking is completed. New admissions will be added to the QA tool.
- A QA tool developed to review status of contraceptive use for biological female residents of childbearing age. DON or designee will review orders to ensure that biological female residents of childbearing age have orders for medicine-based contraceptives or have documented refusal of medicine-based contraceptives. New admissions will be added to the QA tool.
- A QA tool has been developed to review status of intimate relationship assessments and education form. PRSD or designee will review completed intimate relationship assessments and education form for completion and intimacy care plan. New admissions will be added to the QA tool.
- The results of the monitoring completed under this plan are submitted to the QA/QAPI Committee for review and follow-up and reviewed with Medical Director.
Penalty
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