Failure to Honor Resident's Right to Self-Determination During LOA Restriction
Penalty
Summary
The facility failed to honor a resident's right to self-determination and a dignified existence by restricting the resident, who was their own responsible party and had no cognitive impairment, from taking an independent leave of absence (LOA) for a two-week period. This restriction was implemented through a physician's order following concerns about the resident's safety during previous LOAs, including reports of returning to the facility intoxicated and engaging in unsafe behaviors while away. The resident's care plan did not address the restriction or the resident's alcohol use, and there was no documentation of law enforcement involvement or consideration of a change in the resident's decision-making status. The facility's policy and admission documents did not specify procedures for restricting LOA for residents who are their own responsible party, nor did they clarify the process for evaluating or communicating such restrictions. Interviews with staff confirmed that the restriction was based on safety concerns, but the resident was not provided with alternative options or a formal process for contesting the restriction. The resident expressed frustration, stating that the restriction infringed on their rights, and there was no evidence of a care plan update or further assessment regarding the resident's ability to safely exercise their rights.