Failure to Provide Language-Appropriate Communication for Spanish-Speaking Residents
Penalty
Summary
The facility failed to ensure that two residents, both of whom primarily spoke Spanish and had moderate cognitive impairment, were fully informed of and able to participate in their care and treatment in a language they could understand. Both residents had complex medical conditions and required substantial assistance with activities of daily living. Record reviews showed that their care plans were not available in Spanish, and there were no communication boards, binders, or devices at their bedsides to facilitate communication in their preferred language. Interviews and observations revealed that staff often relied on ad hoc translation by Spanish-speaking staff members or used phone apps, but there was no consistent or systematic approach to ensuring effective communication. Several staff members, including the ADON, MDS RN, and DON, acknowledged that communication boards were not present in residents' rooms and that staff had not received training on communicating with non-English speaking residents. Family members of both residents expressed concerns about the lack of Spanish-speaking staff and the residents' inability to communicate their needs, including pain and care preferences, to the staff. The facility's own policies and posted resident rights stated that residents have the right to communicate in their native language to receive treatment, care, and services. Despite this, the facility did not provide adequate resources or training to ensure that Spanish-speaking residents could effectively communicate with staff about their care, leading to unmet needs and a lack of participation in their own treatment decisions.