Failure to Provide Functional Communication Systems for Non-English Speaking Residents
Penalty
Summary
The facility failed to ensure that two residents with limited English proficiency were provided with effective communication systems as required by their care plans and facility policy. Both residents had documented needs for interpreter services or communication aids due to language barriers, but staff did not consistently use the available resources such as phone translators, language line services, or communication binders during care interactions. Observations showed that staff attempted to communicate with the residents in English, which the residents did not understand, and did not utilize the prescribed communication methods. For one resident with multiple medical conditions and no memory issues, the care plan specified the use of phone translators and interpretive services. Despite this, staff were observed providing care and medications without using any translation devices, resulting in the resident being unable to communicate their needs effectively. On several occasions, the resident was observed calling out in their preferred language, and staff responded in English without using translation aids. The resident had to resort to using simple English words and gestures to communicate basic needs, and staff acknowledged not using the required communication tools. The second resident, whose primary language was not English, also had a care plan intervention for a communication binder, but repeated observations confirmed that no such binder was available. Staff did not attempt to use interpreter services or communication boards, and instead communicated in English or assumed the resident did not need anything. Interviews with staff and the resident's representative confirmed that the prescribed communication aids were not being used, and the resident's needs may not have been adequately assessed or met due to the language barrier.