Failure to Provide Reasonable Telephone Access and Privacy
Penalty
Summary
The facility failed to ensure that residents had reasonable access to and privacy in their use of telephones, as required by resident rights policies. Two residents were specifically affected: one resident, who was cognitively intact but had significant visual impairment, possessed a personal cell phone but was unable to use it effectively due to her declining vision. Her emergency contact reported frequent difficulties reaching her through the facility, as calls to the facility phone were rarely answered. The activities director indicated that a cordless phone was available for residents on her hallway, but this was not accessible to her. Another cognitively intact resident did not have a personal cell phone and relied on the facility-provided cordless phone, which was found to be non-operational. She reported repeated requests to nursing staff about the phone, being told it needed charging or was not working. Observation confirmed the phone was unplugged and the wiring was pushed into a hole in the wall. The DON initially claimed the phone was functional but, upon inspection, acknowledged the issue and deferred to maintenance, who confirmed the phone had not worked for an undetermined period. There was no alternative provided for bedbound residents to access a phone if they did not have a personal device. Interviews with facility leadership revealed a lack of clear procedures for family access to the building and for ensuring residents could communicate with individuals outside the facility, especially after business hours. The facility's own policy required access to a telephone and privacy for communication, but these requirements were not met for the affected residents, as evidenced by the inoperable phone and lack of alternative arrangements.