Failure to Uphold Resident Rights and Dignity
Summary
The facility failed to ensure and promote an environment that maintained or enhanced each resident's quality of life, recognizing their rights and allowing them to exercise these rights without coercion, interference, discrimination, or reprisal. Three residents were placed in a secured unit without proper evaluation for appropriate placement, and their rights were removed based on directives from their guardians. The facility's actions included implementing a program where residents' privileges, such as smoke breaks and personal belongings, were taken away as consequences for certain behaviors, which was perceived as punitive by some staff and residents. Resident #11, diagnosed with bipolar disorder, schizophrenia, and nicotine dependence, was subjected to a list of actions and consequences that included losing smoke breaks and personal items for behaviors such as arguing or refusing medication. The resident expressed feeling humiliated by these measures, particularly after an incident where they punched a staff member and subsequently lost smoking privileges. The resident's care plan indicated that these measures were approved by the guardian, but there was no physician evaluation to determine the appropriateness of these interventions. Resident #61, with diagnoses including schizophrenia and oppositional defiant disorder, experienced similar restrictions, including limited contact with family and removal of personal belongings. The resident was observed wearing a hospital gown as a consequence of self-harming behavior, which they reported made them feel bad. Resident #68, diagnosed with borderline intellectual functioning and borderline personality disorder, also faced restrictions such as wearing a hospital gown and having their mattress placed on the floor as a consequence of self-harming behavior. Both residents expressed feelings of embarrassment and discomfort due to these measures. The facility lacked a formal tracking tool for behaviors and consequences, and there was no physician evaluation to assess the benefit of these interventions for the residents' mental health.
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