Failure to Honor Resident's Right to Visitation
Penalty
Summary
The facility failed to ensure a resident's right to receive visitors of their choosing at the time of their choosing, as required by facility policy and regulation. The deficiency involved a resident with diagnoses including adult failure to thrive, hypertension, and interstitial lung disease, who was noted to have severely impaired cognition. Despite the resident expressing a desire to see their friend, the facility restricted the friend's visitation based on concerns raised by a family member and the Administrator regarding the resident's finances. The family member did not hold legal authority such as health care proxy, guardianship, or power of attorney. The facility communicated visitation limitations to the friend, who did not express concerns at that time. Staff interviews and documentation revealed that the resident consistently expressed a wish to see their friend and was upset about the visitation restrictions. The Administrator acknowledged restricting the friend's visits, citing concerns about the resident's cognitive status and potential financial exploitation, and offered supervised visits, which were declined by the friend. Despite a temporary guardian being appointed by court order to safeguard the resident's assets and determine care providers, the facility continued to restrict visitation, resulting in the resident being unable to see their friend as desired.