Failure to Ensure Resident Privacy in Receiving Mail
Penalty
Summary
The facility failed to ensure that a resident was allowed to receive mail and packages without staff opening or copying the documents without the resident's or their representative's permission. According to the facility's policy, residents are entitled to communicate privately and receive their personal mail unopened unless otherwise directed by a physician or the resident, with such direction documented in the medical record. In this case, a resident with a history of cerebral infarction, slurred speech, and a BIMS score indicating moderate cognitive impairment, reported with her daughter that on two occasions, the Social Worker (SW) took documents delivered by the Sheriff, made copies of them, and kept them in the resident's file without obtaining prior permission from the resident or her designated power of attorney (POA). Interviews with the resident, her daughter (the POA), the Administrator, and the SW confirmed that the documents were copied before the resident's consent was obtained. The Administrator acknowledged that the police officer brought the documents to his office, after which the SW made copies and then delivered the originals to the resident. The SW also confirmed that she copied the documents prior to obtaining permission. The facility's own policy and the resident's admission packet both state that residents are to be afforded privacy in their communications, including mail, which was not followed in this instance.