Failure to Protect Resident from Racial Discrimination During Admission
Penalty
Summary
The facility failed to ensure that a resident was treated with respect and dignity during the admission process. Upon arrival, the resident, who had diagnoses of congestive heart failure and community-acquired pneumonia, was being admitted to a room already occupied by another resident. During this process, an LPN loudly stated that the new resident could not be placed in the room because she was Black. The staff were aware that the current occupant of the room had a history of racist behavior, and the new resident was subsequently subjected to a racial slur by the existing resident. The transport team then removed the new resident from the room and relocated her elsewhere in the facility. Interviews confirmed that staff had prior knowledge of the existing resident's racist tendencies and typically would have intervened to prevent such an incident if they had been notified in advance of the admission. The new resident expressed shock at the incident and stated her intention to participate in rehabilitation services with the goal of returning home. The facility's policy requires that all residents be treated with respect and dignity, and the events observed and described in interviews demonstrated a failure to uphold these standards for the new resident.