Failure to Obtain Consent Before Physical Contact During Care
Penalty
Summary
The deficiency involves a failure to protect a resident’s rights to dignity, respect, and freedom from abuse when a CNA kissed the resident’s forehead without consent. The resident had been admitted with a wedge compression fracture and had intact cognition per the MDS assessment. During an IDT conference, it was documented that the resident alleged inappropriate conduct by staff, including that a staff member kissed his forehead and pushed his behind during care. In a subsequent interview, the resident stated he felt violated, trashed, helpless, and disrespected, and reported that he had not consented to the kiss and had not been warned it would occur. In a telephone conversation, CNA 1 admitted to kissing the resident’s forehead without asking for consent while providing incontinent care and removing food from the bed. The DON confirmed that residents in the facility have the right to be free from any form of abuse by staff, visitors, or any individuals. Review of the facility’s Resident Rights policy indicated that federal and state law guarantee residents the right to be free from abuse, neglect, misappropriation of property, and exploitation. The CNA’s admitted action of kissing the resident without consent, in the context of hands-on care, conflicted with these stated resident rights and facility policy.
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