Failure to Support Resident Choice in Patio Access
Penalty
Summary
The facility failed to honor residents' rights to make choices about significant aspects of their lives, specifically regarding access to the outdoor patio area. Multiple residents, including one with no cognitive impairment and a history of paraplegia, cellulitis, and a puncture wound, reported that they were not allowed to use the secured patio after 7:00 or 7:30 PM during the summer, despite this being the most comfortable time to be outside. Residents expressed frustration that the restriction was due to a few individuals violating the no-smoking policy, resulting in all residents being denied access to the outdoor space after a certain hour. Interviews with the Administrator, Activity Director, and DON confirmed that the patio was closed by 8:00 PM due to lack of staff to supervise and concerns about residents smoking. None of the staff interviewed were aware of any alternatives being tried to allow non-smoking residents access to the patio after hours, and there was no written policy regarding the patio restrictions. The facility's own Resident Rights document states that residents have the right to make choices about their activities and schedules, but this was not upheld in practice.