Violation of Resident Dignity and Privacy Due to Unauthorized Photograph
Summary
A certified nurse assistant (CNA) failed to treat a resident with dignity and respect by taking a photograph of the resident's exposed buttocks using a personal cell phone. The incident occurred after the resident expressed concern about not feeling clean following incontinence care. The CNA, in response, took out their phone, asked the resident if they wanted to see a picture, and then took and showed the photo to the resident. The CNA also showed the photo to a registered nurse (RN) present at the time. The resident reported feeling embarrassed, ashamed, nervous, and scared as a result of this action. The resident involved had a history of multiple medical conditions, including hypertension, heart failure, diabetes, morbid obesity, asthma, peripheral vascular disease, epilepsy, obstructive sleep apnea, lymphedema, and anxiety. The resident was cognitively intact, as indicated by a perfect score on the Brief Interview for Mental Status. The care plan for the resident included interventions to encourage participation in self-care, provide positive reinforcement, and maintain a calm approach due to anxiety. Despite these interventions, the incident was not documented in the resident's medical record, and there was no evidence of psychosocial follow-up or documentation by staff regarding the resident's emotional state after the event. Facility policy explicitly prohibits the use of personal electronic devices, including cell phones, in resident care areas and strictly forbids taking photographs of residents. The CNA admitted to knowing that having a phone on the floor and taking pictures of residents was against policy. The lack of documentation and follow-up in the medical record, as well as the violation of privacy and dignity policies, contributed to the deficiency identified during the survey.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
A resident with an indwelling urinary catheter for urinary retention, and care plan interventions requiring the drainage bag to be properly secured with a dignity cover, was observed seated in a chair with the catheter drainage bag uncovered and containing visible dark yellow urine that could be seen from the hallway. Later, an LPN confirmed the catheter bag was lying directly on the floor without a dignity cover. This situation occurred despite facility policy requiring care to be provided in a manner that respects and enhances each resident’s dignity and personal privacy.
A resident with cirrhosis, ascites, mood disorder, and alcohol-induced major neurocognitive disorder, and with moderately impaired cognition, was observed sitting on a shower chair in a gown with buttocks exposed and visible from the hallway through an open room door. A CNA left the room quickly after hearing another resident yell and forgot to close the door or pull the privacy curtain, and an RN confirmed the exposure, demonstrating a failure to maintain the resident’s dignity and privacy.
A resident with severe cognitive impairment, dementia, dysphagia, and other comorbidities required maximum assistance with eating, but a CNA failed to provide dignified feeding assistance. The CNA delivered the breakfast tray and left, then later sat at the bedside watching social media on a personal cell phone with an earbud in while nominally assisting with the meal. The CNA offered one food item but fed another, did not consistently alert the resident before offering bites, and at times held food at the resident’s mouth without explanation or was occupied cleaning and reloading the spoon while the resident waited with mouth open. Facility leadership confirmed staff should not use cell phones during resident care, and policy required a relaxing, enjoyable mealtime environment.
Surveyors found that the facility failed to maintain resident dignity by serving meals in Styrofoam containers with plastic cutlery for an extended period due to a malfunctioning dishwasher that left reusable dishes unclean. All but three NPO residents were affected, and a resident reported difficulty cutting food because the utensil would cut through the Styrofoam. Observations on multiple meal services confirmed ongoing use of disposable dishware, which conflicted with the facility’s written dignity policy requiring care that promotes quality of life, respect, and individuality.
A cognitively intact resident with significant physical impairments, including spinal muscular atrophy, hemiplegia, and type 2 DM, reported that a CNA was not treating him respectfully. Documentation and interviews showed that when the resident asked the CNA if she was ignoring him, the CNA replied that she was ignoring him. An SRI was initiated for an abuse allegation, and although abuse was not substantiated, the facility determined that the CNA had spoken to the resident in a disrespectful manner, resulting in a dignity-related deficiency affecting one resident.
A cognitively intact resident with Parkinson’s disease, muscle wasting, and muscle weakness, who required substantial assistance with dressing, was observed lying in bed with the door and curtain open, wearing only a t-shirt and incontinence brief and without any blanket or sheet available for coverage, leaving the resident exposed and uncomfortable. Staff confirmed the resident was visible from the hallway and should have been covered. The same resident’s care plan required that the call light be kept within reach, yet on multiple occasions the call light was placed near the resident’s shoulder, beyond the resident’s functional reach due to limited arm and hand mobility. Staff acknowledged they had not ensured the call light was accessible, and a family member reported repeatedly finding the call light out of reach during visits.
Uncovered Urinary Catheter Drainage Bag Compromises Resident Dignity
Penalty
Summary
The facility failed to maintain a resident’s right to privacy and dignity related to management of an indwelling urinary catheter. A resident admitted with malignant neoplasm of the esophagus and type II diabetes mellitus had a care plan identifying risk for urinary tract infection and catheter-related trauma due to an indwelling catheter for urinary retention. The care plan interventions included ensuring the catheter tubing was secured and the drainage bag was properly secured with a dignity cover in place. Physician orders directed that the resident’s 16 French indwelling urinary catheter be changed every 30 days and as needed, and the comprehensive MDS documented that the resident had an indwelling catheter and was cognitively intact. During observation, the resident was seen seated in a chair with the urinary catheter drainage bag hanging from the chair without a dignity cover, and dark yellow urine was visible in the bag from the hallway. In a later observation and interview, an LPN confirmed that the catheter bag was lying directly on the floor and did not have a dignity cover. Attempts to interview the resident to confirm cognitive status were unsuccessful, as the resident was unable to answer screening questions. Review of the facility’s “Resident Dignity & Personal Privacy” policy stated that the facility should provide care in a manner that respects and enhances each resident’s dignity, individuality, and right to personal property, which was not followed in this instance when the catheter drainage bag was left uncovered and visible.
Plan Of Correction
The Laurels of Athens wishes to have this plan of correction submitted as our written allegation of compliance. Preparation and/or execution of this plan of correction does not constitute admission to nor agreement with, either the existence of, or the scope and severity of, any of the cited deficiencies or conclusions set forth in the statement of deficiencies. This plan is prepared and/or executed to ensure continuing compliance with regulatory requirements. Our alleged date of compliance is 5/13/2026. 1. On 4/6/26, Resident #92's catheter bag was removed from the floor, the bag changed and covered for dignity by the licensed nurse. Resident #92 discharged from the facility on 4/11/26. 2. Like Residents are identified as residents who utilize urinary catheters. An audit will be completed by the Director of Nursing or designee for like residents utilizing the Urinary Catheter Audit Tool which was created on 4/20/26 by the Director of Nursing for the purpose of this POC to ensure catheter bags are covered for dignity and not laying directly on the floor. This audit along with identified corrections will be completed on or before 5/13/26. 3. The Director of Nursing or designee will re-educate licensed nurses on the Indwelling Urinary Catheter Policy as well as Resident Dignity & Personal Privacy Policy to include privacy covers are in place for urinary catheters and that the catheter is not laying on the floor. This education will be completed on or before 5/13/26. 4. Utilizing the Urinary Catheter Audit Tool which was created on 4/20/26 by the Director of Nursing for purpose of this POC, the Director of Nursing or designee will complete an audit of all residents with catheters weekly for four weeks, beginning 5/14/26 to ensure catheter bags are covered for dignity and not laying directly on the floor. Any catheters found to be touching the floor or uncovered will be removed from the floor, the bag changed and covered for dignity. Negative findings to be addressed immediately and negative trends or system wide issues will be reported to the QAPI committee, and the action plan will be adjusted as needed.
Resident Left Exposed and Visible From Hallway Due to Failure to Maintain Privacy
Penalty
Summary
The facility failed to ensure resident dignity and privacy when a cognitively impaired resident was left exposed and visible from the hallway. The resident, who had diagnoses including cirrhosis with ascites, mood disorder, and alcohol-induced major neurocognitive disorder, had a BIMS score of eight, indicating moderately impaired cognition. During an observation, the resident was seen sitting on a shower chair in a gown with buttocks exposed, and this exposure was visible from the open room door in the hallway. A Certified Resident Care Associate and a Registered Nurse confirmed that the resident’s buttocks were visible from the hallway. The Certified Resident Care Associate reported that she had left the resident’s room quickly after hearing a resident in an adjacent room yell and, in her haste, forgot to close the door or pull the privacy curtain, resulting in the resident’s exposed state being visible to others. This incident involved one resident out of three reviewed for dignity, in a facility with a census of 52 residents, and was identified through record review, observation, and staff interviews.
Undignified Feeding Assistance While CNA Used Personal Cell Phone
Penalty
Summary
The deficiency involves the facility’s failure to ensure a resident received feeding assistance in a dignified manner consistent with the resident’s rights and facility policy. The resident had diagnoses including Alzheimer’s disease, stroke, anorexia, dysphagia, and dementia with agitation, and a quarterly MDS showed severely impaired cognition with a need for supervision/touching assistance for eating. The care plan documented an ADL self-care performance deficit related to dementia, with interventions indicating the resident required maximum assistance and might need to be fed by staff. On the morning in question, a CNA brought the resident’s breakfast tray into the room and then left to continue passing other trays. Later that morning, the resident was observed sitting up in bed with the CNA seated next to the bed and the overbed table positioned in front of the CNA. The CNA was wearing an earbud and watching a video on her personal cell phone, which she confirmed was social media, while she was supposed to be assisting with feeding. Although the CNA asked the resident if she wanted eggs and the resident nodded and opened her mouth, the CNA instead fed the resident yogurt, which she acknowledged. During the meal, the resident’s eyes were periodically closed, and the CNA would hold a spoonful of food at the resident’s mouth without notifying her that another bite was being offered. At other times, when the resident opened her mouth in apparent anticipation of food, the CNA was occupied with cleaning and reloading the spoon without verbalizing what was occurring. The Interim DON confirmed staff should not watch their cell phones while providing resident care, and facility policy stated that mealtimes should provide a relaxing, enjoyable environment.
Failure to Maintain Dignity by Serving Meals on Disposable Dishware
Penalty
Summary
The deficiency involves the facility’s failure to honor residents’ rights to dignity and respect by serving meals on disposable Styrofoam dishware with plastic cutlery for an extended period. Surveyors observed that the facility’s dishwasher had been malfunctioning since February, dispensing chemicals at incorrect times and leaving dishes unclean. As a result, the facility had been using disposable dishware for all meals, affecting 67 residents, while three residents who were NPO did not receive food from the kitchen. During a kitchen observation, the dishwasher was noted to be non-operational and under repair by a technician, and subsequent meal service observations showed residents receiving their meals in Styrofoam containers with plastic utensils. A resident reported dissatisfaction with the Styrofoam containers, stating that it was difficult to cut food and that attempts to do so resulted in cutting through the container itself. Multiple observations of lunch services confirmed that residents continued to be served meals in Styrofoam containers with plastic utensils. Review of the facility’s “Quality of Life – Dignity” policy, dated August 2009, indicated that each resident should be cared for in a manner that promotes and enhances quality of life, dignity, respect, and individuality, and that staff should promote, maintain, and protect resident privacy. The use of disposable dishware and cutlery during meal services was determined to be inconsistent with these dignity standards, leading to the cited deficiency under the referenced complaint number.
Failure to Ensure Respectful Communication Toward a Cognitively Intact Resident
Penalty
Summary
The deficiency involves the facility’s failure to ensure staff spoke to a resident in a respectful manner, thereby not honoring the resident’s right to dignity and respectful communication. The resident involved was admitted with diagnoses including spinal muscular atrophy, hemiplegia and hemiparesis following cerebral infarction affecting the left non-dominant side, and type 2 diabetes. A nurse progress note documented that a CNA had not treated this resident respectfully. An MDS assessment showed the resident was cognitively intact and required moderate to maximal assistance with staff for all ADLs. The resident later confirmed in an interview that he did not want this CNA to care for him anymore due to how she had treated him. The facility’s SRI documented that the resident made an allegation of abuse involving the CNA. While the facility’s investigation did not substantiate abuse, it did determine that the CNA spoke to the resident in a disrespectful manner. The DON reported that the resident had complained that when he asked the CNA if she was ignoring him, the CNA responded that she was ignoring him. The DON confirmed that the CNA admitted the resident’s account of the incident was correct. This conduct constituted a failure to ensure that staff communicated with the resident in a respectful manner, affecting one resident reviewed for dignity and respect out of a facility census of 69.
Failure to Maintain Resident Dignity and Ensure Accessible Call Light
Penalty
Summary
The deficiency involves the facility’s failure to maintain dignity, privacy, and appropriate coverage for a cognitively intact resident with Parkinson’s disease, muscle wasting, muscle weakness, and adult failure to thrive. The resident, admitted in late June 2025 and requiring substantial/maximal assistance with upper and lower body dressing, was observed lying in bed with the room door and privacy curtain open, wearing only a t-shirt and incontinence brief, and without any blanket or sheet available for covering. The resident stated he was not comfortable being uncovered and exposed and wanted to be covered. A personal care aide confirmed that the resident could be seen from the hallway, had no blanket or sheet, was only in a t-shirt and incontinence brief, and acknowledged the resident should have been covered. The facility also failed to ensure the resident’s call light was within reach, despite a care plan directive that staff ensure the call light remained accessible. On multiple observations, the resident was lying in bed with the call light placed near or over his right shoulder, which he confirmed he could not reach due to limitations in his hands and arms. One personal care aide confirmed at the time of observation that the resident could not reach the call light, and another aide admitted she had completed personal care and left the room without ensuring the call light was within reach. A physical therapist reported that, due to Parkinson’s disease, the resident’s ability to move his arms and hands varied by day but was limited on an ongoing basis. The resident’s uncle reported that on numerous occasions during visits he observed the call light was not within the resident’s reach.
Trusted data from CMS and state health departments
Every citation, penalty and Plan of Correction is sourced from public CMS records (latest release May 27, 2026) and official state health department websites — never guesswork.
Trusted by long-term care providers and associations.
