Failure to Honor Resident Visitation Rights
Penalty
Summary
A resident with a history of cerebral infarction and severe cognitive impairment, as indicated by a BIMS score of three, was denied the right to receive visitors of her choosing at the time of her choosing. The resident's care plan allowed her to make daily decisions and emphasized maintaining a consistent routine to reduce confusion. Despite this, the facility issued a trespassing order against the resident's family member following an incident where the family member was reported to have been confrontational with staff and allegedly threatened to slap the resident. The family member denied threatening the resident but admitted to using profanity and confronting staff. The facility's investigation documented that staff intervened when the family member became verbally abusive and refused to leave, resulting in police involvement and the issuance of a trespassing order that barred the family member from visiting for one year. The resident expressed distress over the inability to see her family, stating that her family was her only visitor and that she never felt unsafe around them. The resident became visibly upset and cried when discussing the situation, indicating a negative impact on her psychosocial well-being. Interviews with staff and the resident's representative revealed that while the family member had issues controlling anger and was verbally abusive to staff, there was no evidence of physical violence toward the resident. The facility did not consult the Long-Term Care Ombudsman regarding the visitation restriction. The facility's policy states that residents have the right to receive visitors of their choosing, but this right was not upheld in this case, resulting in social isolation and emotional distress for the resident.