Resident Required to Provide Personal Sitter as Condition of Return
Penalty
Summary
The facility failed to ensure that a resident was not required to provide a personal sitter as a condition of continued stay. According to the facility's own Resident Rights policy, non-covered special care services such as privately hired aides may only be charged to residents if requested by the resident, and the facility must not require such services as a condition of admission or continued stay. In this case, a resident with a diagnosis of unspecified dementia was admitted to the dementia unit and subsequently became verbally and physically aggressive towards staff, leading to a transfer to a behavioral health hospital under a Psychiatric Emergency Certificate. Following the transfer, multiple staff members, including the ADON, DON, and Social Worker, communicated to the resident's representative that the resident could only return to the facility if the family supplied a personal sitter to monitor behaviors. This requirement was reiterated in emails and interviews, and the behavioral health hospital was also informed of this condition. The resident's representative stated she could not afford to pay for a personal sitter, resulting in the resident being taken home instead of returning to the facility. The facility's actions directly contradicted their policy and regulatory requirements regarding resident rights and the use of personal funds for services covered by Medicare or Medicaid.