Administrator’s Conduct Creates Fearful, Non-Supportive Environment and Undermines Resident Rights
Penalty
Summary
The deficiency involves the facility’s failure to administer the facility in a manner that enabled all residents to attain or maintain their highest practicable physical, mental, and psychosocial well-being. The administrator’s job description required her to lead, guide, and direct operations in accordance with regulations and facility policies, ensure compassionate quality care, perform rounds to know residents by name and sight, be available and approachable to staff and residents, manage and minimize facility risk, and promote and protect resident rights. The facility’s Resident Rights policy required that all residents be treated equally and that staff be educated on resident rights and the facility’s responsibility to properly care for residents. Resident council minutes documented that residents wanted administration to be more present with them, and the administrator was also listed on the corporate compliance poster as the facility’s compliance officer, meaning complaints called into the compliance line would be forwarded to her. Multiple interviews with staff, residents, and resident representatives described the administrator as unapproachable, rude, condescending, and prone to yelling at staff in front of residents, visitors, and other staff. Anonymous employees reported fear of retaliation if they spoke with the state survey agency or raised concerns, stating that staff who advocated for residents or voiced suggestions were threatened, demoted, or felt their jobs were at risk. Several employees described specific incidents where the administrator entered units and loudly demanded that aides leave and return for another shift, threatening that their paychecks would be affected, and where she screamed at nurses at the nurse’s station about issues such as a medication cart or mask use, took photos with her cell phone, and belittled staff in public areas. These events were witnessed by residents, visitors, and families, and staff reported that residents were startled, uncomfortable, and fearful, and that the environment felt tense and unsafe. Residents and their representatives reported that the administrator did not interact with most residents, showed favoritism toward certain residents, and did not listen to or follow up on resident concerns. A resident stated that the administrator rarely visited residents, always turned down requests, and made it hard for staff to do their jobs. Multiple residents and anonymous residents reported that when they brought up concerns, the administrator became defensive, cut them off, and did not take action, and that they felt she did not have their best interests at heart. One resident was observed crying after speaking with the state survey agency, expressing fear of being “kicked out” of the facility for reporting concerns about the administrator. Residents and staff also reported that good staff had already left and more might leave due to how the administrator spoke to them, and that residents felt they no longer had a voice and were afraid to advocate for themselves because of fear of retaliation. During a resident council meeting, after the administrator and DON left the room, residents stated they wanted a new administrator, described feeling that their concerns were dismissed or minimized with explanations about money or numbers they did not understand, and reiterated that the administrator yelled at staff in front of residents and visitors and treated residents differently. Corporate Human Resources reported that multiple complaints about the administrator had been called in over the past year, though it was unclear whether any formal disciplinary action had been taken. Staff noted that complaints to the corporate compliance line did not appear to result in follow-up and expressed concern that the administrator’s role as compliance officer might affect how complaints were handled. Across interviews, staff and residents consistently described a toxic, tense atmosphere, lack of administrative support, fear of retaliation, and a perception that the administrator did not prioritize residents’ needs, care, or interests. These actions and inactions by the administrator, in contrast to the expectations in her job description and the facility’s Resident Rights policy, resulted in the facility not being administered in a manner that enabled all residents to attain or maintain their highest practicable physical, mental, and psychosocial well-being.
