Unauthorized Search of Resident Room and Belongings
Summary
The facility failed to protect a resident’s right to privacy and personal possessions when staff searched the resident’s room and belongings without the resident’s permission and while the resident was not present. The resident was admitted with diagnoses including Type 2 diabetes mellitus, major depressive disorder, anxiety, suicidal ideation, delusional disorder, and post-traumatic stress disorder. An admission MDS assessment documented a BIMS score of 13, indicating the resident was cognitively intact. The record showed that staff found a prescription medication bottle in an open bottom drawer of the resident’s nightstand while a NP was in the room looking for an otoscope. After that observation, leadership directed staff to remove the bottle and search the room further. Staff then searched drawers, the closet, the bathroom, the refrigerator, and a hanging rack on the bathroom door while the resident was out of the facility and had not consented to the search. The DON confirmed the resident was not present and had not given consent, and the Director of Clinical Services confirmed staff should have only removed items visible from the room and should have obtained consent before searching further. The search resulted in the removal of numerous items from the resident’s room, including marijuana cigarettes, mushroom gummies, multiple prescription and OTC medications, topical pain products, inhalers, unlabeled liquid ampules, scissors, lighters, a switchblade utility knife, and other items. The resident stated staff “jimmied” open the locked nightstand and found medication in the drawer, and reported that the drawers were locked and she had the key. The Ombudsman also stated staff searched the resident’s room and belongings without permission and not in the resident’s presence. Facility leadership acknowledged the search occurred after items were observed and that police were not present during the search.
Penalty
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