Failure to Maintain Resident Dignity, Respect, and Privacy
Penalty
Summary
The deficiency involves the facility’s failure to honor residents’ rights to dignity, respect, self-determination, and privacy, as required by its Quality of Life/Dignity policy and 10 NYCRR 415.12(h)(1)(2). The policy states that residents are to be treated with dignity and respect at all times, that staff will knock and obtain permission before entering rooms, will not handle or move resident belongings without permission, and will speak respectfully to residents, addressing them by their chosen names. Despite this, surveyors observed and residents reported multiple instances where staff behavior and administrative actions did not comply with these standards. Resident #1, who was cognitively intact and able to understand and be understood according to the MDS, reported that staff called them “honey,” “sweetie,” and “big-butt,” and that they did not like being addressed with these pet names. Resident #1 also stated that their Refresh eye drops, which they had been self-administering for a long time, were taken away by staff, and they did not believe staff considered evaluating whether they could continue to keep and use the drops. Additionally, the resident reported that staff had moved their denture cream approximately two nights prior and that they were still unable to locate it. Resident #1 further stated that nurses continued to try to administer melatonin at bedtime despite the resident informing the nurse that they did not want it. Resident #4, who was also cognitively intact per the MDS, reported that Administrator #1 entered their room and searched through three nightstand drawers without first obtaining permission. Resident #4 stated they had to ask Administrator #1 what they were doing, and Administrator #1 explained they were looking for medications, scissors, or clippers, and then asked the resident about the location of their money. Separately, during an observation on the first-floor rehabilitation unit, the Maintenance Director was heard loudly stating, “Can’t get fucking lucky,” in a hallway near the nursing station. Multiple CNAs and LPNs interviewed described that proper practice is to knock, introduce themselves, and obtain resident permission before going through belongings, and several acknowledged that cursing or arguing in front of residents constitutes a dignity issue, indicating that the observed and reported behaviors were inconsistent with facility expectations and policy.
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