Failure to Honor Resident Visitation Rights
Penalty
Summary
The facility failed to honor a resident's right to receive visitors of their choosing, as required by both facility policy and federal regulations. The resident, who had a history of respiratory tuberculosis, pneumonia, and depression, and was assessed as having severely impaired cognitive skills, was subject to visitation restrictions imposed by a family member. Specifically, two family members were not allowed to visit the resident unless accompanied by another family member, despite there being no evidence of harm or neglect associated with their visits. This restriction was documented in the Interdisciplinary Team notes and enforced by staff, who contacted the restricting family member when the two visitors arrived. The facility's own policies, as well as regulatory guidance, state that visitation cannot be restricted based on the wishes of family members or healthcare power of attorney unless there is an immediate risk to the resident. The ombudsman notified the facility that such restrictions were not permitted, yet the facility did not develop a care plan to address the family conflict or the visitation issue. Interviews with staff confirmed that the facility did not follow its policies or regulatory requirements regarding residents' visitation rights, and no care plan was in place to address the situation.