Failure to Honor Resident Visitation Rights Over Responsible Party Objection
Penalty
Summary
The facility failed to honor a resident’s right to receive visitors of their choosing when family members were denied further visitation based on instructions from the resident’s responsible party (RP) without confirming the resident’s wishes. The resident had been admitted with diagnoses including a UTI and unspecified dementia, and documentation indicated the resident could make needs known but could not make medical decisions and had impaired cognitive skills for daily decision-making. During a visit, two family members requested a medical update from the Social Service Director (SSD). After the SSD spoke with the RP, the RP instructed the facility not to provide medical updates or allow further visitation by these two family members. The facility then denied these family members further access to the resident. In subsequent interviews, the resident stated that the two family members, as well as any family members, had permission to visit and later expressed sadness upon learning that these family members had been denied visitation, stating that family members were their life, with tears observed. The SSD acknowledged that facility policy was to allow any family members to visit when residents permit it and that staff should have asked the resident whether the two family members were allowed to visit. The facility’s written visitation policy stated that residents may receive visitors subject to the resident’s wishes and the protection of other residents’ rights and safety. Despite this policy, staff relied solely on the RP’s direction and did not consult the resident, resulting in the violation of the resident’s visitation rights and the resident not receiving visits from the two family members.
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