Failure to Accommodate Resident's Choice to Attend Religious Activity
Penalty
Summary
A resident with diagnoses including cerebral palsy and major depressive disorder, who was cognitively intact and dependent on staff for toileting and bathing, was not accommodated in her choice to attend mass due to delays in morning care. The resident expressed that staff did not always get her up in time for mass, which was scheduled daily at 11:00 A.M. Observations confirmed that on one occasion, the resident was still in bed waiting for staff to use a mechanical lift to transfer her, despite her care having just been completed. The resident's care plan indicated a preference to get up for the day at 10:00 A.M. or as desired, and that she required assistance from two staff members and a mechanical lift for transfers. Staff interviews revealed that there was insufficient staffing to complete all required tasks in a timely manner. The facility's Resident Rights policy stated that residents have the right to self-determination, including the right to choose activities and schedules consistent with their interests, such as participating in religious activities. The failure to accommodate the resident's choice to attend mass was attributed to staffing limitations and delays in providing necessary morning care and transfers.