Failure to Honor Resident Visitation Rights Due to Restricted Visiting Hours and Unanswered After-Hours Calls
Summary
The facility failed to honor a resident's right to receive visitors of their choosing at any time, as required. A sign posted at the facility entrance restricted visiting hours to 7:00 AM to 7:00 PM, with re-entry after 7:00 PM only allowed with authorization via a listed phone number. Staff interviews confirmed this policy, and the receptionist stated she typically left before 5:00 PM, leaving after-hours calls to be answered by nursing staff. However, neither the Director of Nursing nor the Administrator had ever audited whether the phone was answered after hours, and both acknowledged that nursing staff were responsible for answering the phone but might be too busy to do so. A family member of a resident with severe cognitive impairment reported being denied re-entry after 7:00 PM despite attempting to call the posted number multiple times without success. Observations confirmed that the phone was not answered after hours and had no voicemail service. The family member also reported difficulty reaching the resident by phone during business hours, as calls were often not answered and portable phones were unavailable due to uncharged batteries. These actions and inactions resulted in the resident being unable to receive visitors or phone calls as desired, violating their rights and potentially affecting all residents in the facility.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Failure to Restrict Visitor Access When Financial Abuse Was Suspected: The facility did not have written visitation procedures for safety restrictions and did not limit a visitor’s access to a resident when financial abuse was suspected. A resident with schizoaffective disorder, dementia, and cognitive impairment repeatedly went out with a friend who had access to the resident’s bank card, PIN, and cash, and the resident’s account became overdrawn with a social security check seized by the bank. Staff discussed the issue with the resident and the friend, but no restriction on the visitor’s contact was implemented.
Resident visitation rights not honored: A resident with depression, impaired cognition, and hospice care was not allowed to receive a family member’s visit unless a hospice nurse was present. The resident stated a desire to be visited, and RN and SSD interviews confirmed the visit restriction violated the resident’s right to visitors; the DON stated residents have the right to receive visitors of their choosing.
A resident with dementia, depression, anxiety, and severe cognitive impairment was denied visits and phone calls from family members she wanted to see. Staff told family members they could not visit or speak with her unless another family member approved it, and the resident later stated she wanted to see and talk with those relatives. Interviews showed staff were following the wishes of a family member with POA, while the resident's own preference was not honored.
Restriction of Room Visitation: The facility prohibited visitors from entering individual resident rooms and required visits to occur only in common areas. A family member reported being denied room visitation despite the resident’s preference for privacy and comfort, and surveyors observed the resident in bed with no clinical or safety reason preventing room visits. The Administrator and DON said the restriction was due to concerns about drugs being brought into the facility, but they could not provide documentation of current drug activity.
A resident with schizoaffective disorder, CVA, and Parkinson's disease had a BIMS score of 12 and needed supervision with toileting, transfers, and personal hygiene. She enjoyed family visits and wanted her sister to visit, but the Administrator banned the sister after an incident with staff despite no formal or legal restriction, and no accommodations were made even though the resident still wanted the visits.
Visitation Restriction Imposed Without Considering Resident Preference: A resident with hemiplegia, CVA, and DM was dependent for several ADLs and lacked decision-making capacity, yet she stated she wanted her son to keep visiting and denied being afraid of him. After an LVN reported witnessing the son pinch the resident's thigh, the facility limited his visits to common areas and the family room instead of her room, and the CCO stated the resident's visitation preferences were not fully considered before the restriction was imposed.
Failure to Restrict Visitor Access When Financial Abuse Was Suspected
Penalty
Summary
The facility failed to develop written policies and procedures for visitation rights that included procedures for safety restrictions or limitations, and it failed to implement reasonable safety restrictions or limitations when abuse by way of misappropriation of resident property was suspected involving one resident and a visitor. The report states that the facility policy on visitation rights addressed the resident’s right to receive visitors of choice, but it did not provide guidance on the regulatory obligation to place safety restrictions or limitations when concerns such as abuse, exploitation, coercion, criminal activity, disruptive behavior, or illegal substances were identified. The resident involved was admitted with diagnoses including schizoaffective disorder and other symptoms and signs involving cognitive functions and awareness. The PASRR Level II assessment dated 6/10/26 documented a history of schizoaffective disorder, grave disability, moderate cognitive impairment, unspecified depression, dementia, and cerebral ischemia, and noted the individual had been identified as being at risk for acute safety concerns and would be unable to care for himself/herself outside the facility. The Administrator stated the resident had a friend who routinely checked the resident out of the facility and took the resident to the bank to obtain money. Facility staff and leadership identified concerns that the friend was taking the resident’s money, but the report states the facility did not restrict the friend’s access to the resident. The Administrator described the situation as financial abuse and stated the resident’s bank account became overdrawn, the resident had no money available for personal use, and the resident’s social security check was seized by the bank to cover delinquent funds. Staff reported they talked to the friend and to the resident about the money, encouraged the resident to keep the bank card in the facility, and considered obtaining a conservator, but no restriction on the friend’s contact was implemented. The resident’s leave-of-absence log showed the friend took the resident out of the facility 25 times, including 11 outings after leadership identified the potential abuse concern, and progress notes documented repeated access to the resident’s bank card, debit card, PIN, cash, and withdrawals, including an episode where the resident returned from an outing appearing under the influence and stating he/she was high.
Resident visitation rights not honored
Penalty
Summary
The facility failed to ensure that Resident 6’s right to receive visitors of his or her choosing was honored when the resident’s family member was not allowed to visit. Resident 6 was admitted with diagnoses including depression, malignant neoplasm of the endometrium, and hypertension. The history and physical indicated the resident lacked capacity to make and understand medical decisions, and the MDS showed moderately impaired cognitive skills and a need for substantial to maximal assistance with ADLs. Resident 6 was also under hospice care with an active order dated 4/8/2026. Facility documentation showed that on 6/1/2026, a progress note stated the family member was not allowed to visit Resident 6 without a hospice nurse present, and a social services note stated the family member was not allowed to come visit the resident. During interview, Resident 6 stated wanting to be visited by the family member. RN 1 stated the family member was not allowed to visit by the family member’s self and that this violated the resident’s right to visitors. The SSD stated the resident was not asked whether the family member should be allowed to visit and agreed that not allowing the visit when the resident wanted it violated the resident’s right to visitors. The DON stated the facility should allow all visitors per the resident’s will and that it is the resident’s right to receive visitors.
Resident denied chosen visitors and phone contact
Penalty
Summary
The facility failed to ensure Resident #2 had the right to receive visitors of her choosing and at the time of her choosing. Resident #2 was a female admitted and re-admitted with diagnoses including dementia, depression, and anxiety. Her admission MDS reflected severe cognitive impairment for daily decision making, and her care plan noted impaired cognition with behaviors and interventions to reduce distractions and use simple, direct communication. Record review and interviews showed that the facility did not allow Family Members F and G to visit or speak with Resident #2 when they called or came to the facility. Progress notes did not document any visitation limitations, but a 06/21/26 note by LVN C stated Family Member F wanted to talk to Resident #2 and was told she could not without Family Member E's approval. Family Member F reported she was denied a visit and a phone call and was not given a reason. Family Member G reported she was told by CNA A that she could not visit Resident #2 and was not given a reason, and she left after asking to speak with management. Interviews showed staff were acting on Family Member E's wishes, who said she had Medical Power of Attorney and did not want Resident #2 to have visits or calls from Family Members F and G because they stayed too long and upset Resident #2. LVN C and LVN B both stated they followed Family Member E's direction, while the resident herself later stated she wanted to see and talk to Family Members F and G. The Ombudsman also reported that Resident #2 said she wanted those family members to visit her, and the facility's physician, DON, and Administrator stated they were not aware of any restriction on those visits or calls.
Restriction of Room Visitation
Penalty
Summary
The facility failed to protect residents’ rights by restricting visitation in residents’ rooms. A posted notice at the front desk stated that, effective immediately, visitors would no longer be permitted in individual resident rooms and that visits had to occur in designated common areas such as the game room or front lobby. This restriction was identified during a complaint investigation involving one resident out of five reviewed. A family member reported that she had not been allowed to visit the resident in the resident’s room because the facility had discontinued room visitation, even though the resident preferred visits in the privacy and comfort of the room. During observation rounds, the resident was seen lying in bed, and no clinical, safety, or other factors were identified that would have prevented room visitation. The Administrator and DON stated that room visitation was prohibited because of concerns that visitors could bring drugs into the facility, but they were unable to provide documentation showing current drug activity in the facility. They also stated that exceptions were made only for residents who were bedbound or had health-related concerns, while other residents were not permitted room visits.
Failure to Honor Resident Visitation Rights
Penalty
Summary
The facility failed to ensure visitation rights were honored for Resident #33, who had diagnoses including schizoaffective disorder, cerebral infarction, and Parkinson's disease. The resident's quarterly MDS showed a BIMS score of 12 and that she required supervision assistance with toileting, transfers, and personal hygiene. Progress notes documented that she enjoyed visits from her family and going on outside family visits, and the resident stated during interview that she wanted her sister to visit. The Administrator stated that the resident's sister was banned from visiting after an incident involving the family member and staff, despite no formal or legal documents preventing visitation, and confirmed that the resident still desired visits with her sister and no accommodations had been made. The facility policy stated residents are permitted to have visitors of their choice at the time of their choosing and that the facility provides access for individuals visiting with the resident's consent.
Visitation Restriction Imposed Without Considering Resident Preference
Penalty
Summary
The facility failed to ensure one resident had her right to receive visitors of her choosing and to have her visitation preferences considered before a restriction was imposed. The resident was admitted with hemiplegia, cerebral infarction, and diabetes mellitus, and her MDS showed dependence with toileting, showering, lower body dressing, and putting on and taking off shoes. Her H&P stated she did not have the capacity to understand and make decisions. During an interview, the resident stated her son was not abusing her, denied that he intended to harm her, became tearful, and said she wanted him to continue visiting her. She also stated the facility forced visits with her son to occur only in the family room or other common areas instead of in her room as she preferred. The resident's son stated he visited his mother frequently and that after he pinched her left thigh, the facility told him he could not visit her in her room and limited visits to the family room or front area. An LVN stated she witnessed the son pinch the resident's left thigh, saw the resident awaken and swing her arms, and reported the incident to the RNS, CCO, and Administrator. The CCO stated the resident told her she was not afraid of her son and wanted him to continue visiting, but the facility still implemented a visitation restriction while the allegation was under investigation. The CCO also stated the facility did not explain grievance or appeal rights related to the restriction and did not fully consider the resident's visitation preferences before imposing it. The facility's visitation policy stated residents have the right to receive visitors of their choosing subject to reasonable clinical and safety restrictions.
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