Failure to Protect Resident Privacy and Confidentiality
Penalty
Summary
The facility failed to protect the privacy and confidentiality rights of its residents, specifically affecting two individuals with significant mental health diagnoses. One resident, who is cognitively intact but exhibits behaviors such as attention seeking, repetitive questioning, invading personal space, and inappropriate comments, repeatedly entered other residents' rooms and personal spaces, with documentation showing 17 such incidents in the past 30 days. This resident was also noted to open privacy curtains while staff were providing personal care to another resident, thereby exposing that resident during vulnerable moments. Staff interviews confirmed that the resident's behavior was ongoing and difficult to redirect, with multiple staff members acknowledging the repeated invasions of privacy. The Director of Nursing was unaware of the specific incidents involving the privacy curtain but confirmed that such actions constitute a violation of the affected resident's right to privacy. The facility's own policy emphasizes the importance of protecting resident rights, including privacy and confidentiality, but staff interventions were insufficient to prevent these breaches.