Restriction of Cognitively Intact Residents’ Scooter Use Without Documented Assessment
Summary
The facility failed to promote residents’ rights to make choices regarding leaving the facility property on their motorized scooters and failed to assess the residents’ ability to make those decisions before restricting off-property use for 2 cognitively intact residents. Resident 1 had diagnoses including type 2 diabetes mellitus, anxiety disorder, hypertension, overactive bladder, osteoarthritis, GERD, and muscle weakness, and a quarterly MDS dated 7/10/25 indicated she was cognitively intact. Resident 34 had diagnoses including hypertension, hypernatremia, COPD, and anemia, and a quarterly MDS dated 5/19/24 indicated she was cognitively intact. Both residents owned motorized scooters and were able to make their own decisions, according to staff interviews and the residents’ statements. During interviews, the SSD stated there had been incidents involving the scooters, including Resident 1 going to a nearby Dairy Queen and gas station and community members calling to report residents on scooters were almost hit by cars. The SSD also stated the sidewalks were uneven and Resident 1 almost tipped over, but she lacked documentation about the incidents and did not have interviews with community members. The DON also stated she did not have documentation of where or when the incidents occurred. Resident Council minutes showed both residents were educated about safety concerns and, effective 7/2/25, motorized scooters were no longer allowed off the facility property. Resident 1 stated she was no longer able to leave the facility property on her scooter after being asked to sign a form and being told she would need supervision to leave. She said she had crossed the road to go to Dairy Queen and had once gotten stuck on the sidewalk, with police helping her get unstuck. Resident 34 stated she bought the scooter so she could leave the premises and go to nearby restaurants or stores, that she was her own person and made her own health decisions, and that she had been told she could no longer take the scooter off the property because it was a liability and not allowed by the State. She said she signed the agreement while upset and did not know what she had signed. The facility policy stated cognitively intact residents with a documented medical reason for a motorized vehicle would be allowed to use it, with therapy assessment for safe operation ability and removal only if safety concerns were identified.
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