Failure to Allow Resident Use of Powered Wheelchair Due to Behavioral Concerns
Penalty
Summary
The facility failed to maintain a resident's right to retain and use personal possessions by not allowing a resident to have a powered wheelchair. The resident, a female with a history of hemiplegia, muscle weakness, difficulty walking, and other medical conditions, was admitted with intact cognition as evidenced by a BIMS score of 15. Her care plan included interventions for trauma, anger issues, and emotional regulation, and she was receiving therapy and medication management. Despite her expressed need for a powered wheelchair due to shoulder pain and difficulty self-propelling a manual wheelchair, the facility staff repeatedly told her she could not have one. Interviews with facility staff, including the DON, ADON, PsyD, and OTA, revealed concerns about the resident's history of aggression and the potential for her to use a powered wheelchair in a manner that could endanger herself or others. Staff cited incidents where the resident had been aggressive, including bumping into others with her manual wheelchair and being placed on 1:1 supervision for lashing out. The PsyD and OTA expressed concerns about her ability to safely operate a powered wheelchair, referencing her behavioral history and the need for further evaluation by therapy and the IDT before making a decision. The resident reported feeling that she was being denied the powered wheelchair due to perceived prejudice from therapy staff and her history of aggressive behavior. She described an incident where she fell while using a manual wheelchair, resulting in injury and involvement of EMS and law enforcement. The facility's policy on resident rights, which includes the right to a dignified existence and to retain personal possessions, was not upheld in this instance, as the resident was not allowed to have the powered wheelchair she requested.