Failure to Provide Language Assistance for Non-English Speaking Resident
Penalty
Summary
The facility failed to provide appropriate language assistance resources to a resident with limited English proficiency, as required by its own policy and federal regulations. The resident, whose primary language is Tigrinya, was admitted with a documented language barrier and was dependent on staff for activities of daily living. The care plan identified a risk for communication problems and included interventions such as gestures, family support, and pen and paper, but did not ensure access to qualified interpretation services. Multiple observations revealed that the resident relied on gestures and limited English words to communicate, with no communication aids or translated materials present in the room. The resident's family member also reported difficulty understanding medical care and facility documentation, and confirmed that translation services were not provided during interactions. Interviews with staff indicated a lack of awareness and access to the facility's language line or communication devices. Certified Nurse Assistants and an LPN were unaware of any non-English speaking residents on their units and reported not having access to language assistance tools. The Social Worker acknowledged the existence of an AI translation device and a language line, but confirmed that the resident's primary language was not supported by the device. The Director of Nursing stated that staff should have access to these resources, but evidence showed that they were not utilized for the resident in question. This series of inactions and lack of resource availability resulted in the resident and family not receiving healthcare communications in a language or format they could understand.