Failure to Protect Residents’ Right to Unopened Personal Mail
Penalty
Summary
The deficiency involves the facility’s failure to ensure residents’ personal mail was delivered unopened, as required by its Resident Mail Delivery policy. One resident reported that his mail was sometimes open and described receiving a State-issued check for missing or lost property in an envelope that had already been opened before the Administrator brought it to him for endorsement, after which the funds were deposited into his account. Another resident reported that her mail from Social Security had been opened for her, that the check was cashed, and that there was a delay before the funds appeared in her account. She stated she had to threaten to call the police due to the delay and showed surveyors a piece of mail bearing her name, with no facility name on it, that had been cleanly slit open across the top with a letter opener when it was given to her. Staff interviews and observations further detailed the facility’s mail-handling practices. The Business Office Manager stated that reception receives the mail, separates it, and gives activities any mail that is not Medicaid-related, while she opens mail that has the facility name on it, typically Medicaid applications, denials, or statements. During the interview, she produced two unopened envelopes that appeared to be from the same Medicaid source, one addressed to the facility and one to a resident, and stated she had not yet sorted them but would open the one addressed to the facility and send the one addressed to the resident on for delivery, asserting that she does not open resident mail. The Activities Director stated that the front desk gives activities cards, gifts, and similar items for delivery six days a week, while bills and medical bills remain with the business office and are not delivered by activities. These practices and resident reports demonstrate that some residents’ mail was opened prior to being delivered, contrary to the facility’s written policy that all residents receive mail unopened and in a timely manner.
