Failure to Protect and Promote Resident Rights for Incarcerated Individual
Penalty
Summary
A resident was admitted to the facility for a short-term stay to receive intravenous antibiotics following a recent hospital stay, with diagnoses including sepsis and the presence of a cardiac pacemaker. The resident was alert, oriented, and largely independent in self-care activities. The admission contract and care plan outlined the resident's rights, including dignity, self-determination, communication, and the ability to retain personal property. However, the care plan did not address the use of physical restraints, preferred activities, personal property, or communication rights. Upon admission, the resident, who was an inmate of the federal prison system, was placed under constant supervision by two armed federal prison guards and was handcuffed to the bed. The resident was not allowed to leave the room, participate in facility activities, have visitors, use the telephone, or possess personal property or clothing. The facility administrator stated that these restrictions were imposed by the federal prison system, but there was no contract or policy in place between the facility and the federal prison system regarding the care of inmates. The resident's admission contract did not include any restrictions on rights due to incarceration. Staff interviews and direct observation confirmed that the resident remained confined to the room, was not permitted to use the call light, and had no personal belongings. The federal prison captain confirmed that these restrictions were based on prison protocols, but could not provide documentation of these protocols. The facility did not have policies or protocols for admitting inmates for medical care, and previous inmate admissions had not involved such restrictive measures. The lack of a care plan addressing these restrictions and the absence of facility policies contributed to the failure to protect and promote the resident's rights.