Failure to Provide Resident Access to Private Communication
Penalty
Summary
The facility failed to ensure a resident had access to a private form of communication, specifically by removing the landline telephone from the resident's room and refusing to provide a telephone upon request. This action was taken at the insistence of a family member who did not want the resident to communicate with other family members. Interviews with staff, including the DON and Administrator, confirmed that the facility complied with the family member's request despite having the ability to provide private communication. Staff also reported being instructed not to provide a phone to the resident, and documentation in the resident's records indicated the phone was removed per family request. The resident in question was admitted following a serious vehicle collision and was in the process of recovery. Although family members claimed the resident had dementia and 'Sun Downers,' the resident's personal physician stated there was no diagnosis of dementia and that any mental deficiency would likely be temporary and related to the accident. The resident was able to communicate clearly, recall events accurately, and was listed as his own responsible party in admission records. The resident repeatedly requested access to a phone to contact his wife and daughter but was denied each time, with staff confirming these requests and their instructions to refuse them. Facility policies reviewed during the investigation stated that residents have the right to self-determination and access to communication, including telephones. The Medical Power of Attorney provided by the family only took effect if the resident was deemed unable to make decisions by a physician, which was not the case. Despite this, the facility prioritized the family member's demands over the resident's rights, resulting in the removal of communication access without appropriate legal or medical justification.