Failure to Accommodate Communication Needs for Non-English Speaking Residents
Penalty
Summary
The facility failed to provide reasonable accommodation for the communication needs of two residents with limited English proficiency. Observations revealed that staff communicated with these residents primarily in English and relied on hand gestures, despite the residents' primary languages being Chinese and Korean, respectively. Communication cards in the residents' preferred languages were available and posted in their rooms, but staff did not utilize these resources or seek assistance from language interpretation services as outlined in facility policy. For one resident, staff members acknowledged that the resident could not understand English and required communication in Chinese. Despite this, care was provided using only English and gestures, and communication cards or translation services were not used. The resident's care plan and medical records confirmed the need for language accommodation, and staff interviews verified the lack of appropriate communication methods during care interactions. In the case of the second resident, staff believed the resident spoke Japanese, but the resident's primary language was Korean. Staff relied on hand gestures and the presence of the resident's wife for translation, even when she was not present. Communication boards in the resident's language were available but not used, and staff did not contact charge nurses for oral interpretation services. Interviews with facility leadership confirmed that staff did not follow established procedures for accommodating communication needs.