Failure to Ensure Resident Access to Private Telephone Communication
Penalty
Summary
The deficiency involves the facility’s failure to ensure residents had reasonable access to and privacy in their use of telephones and outside confidential communication. The Long-Term Care Ombudsman (LTCO) reported difficulty contacting residents by phone, stating that calls to the facility were often unanswered or routed to voicemail, which he could not use due to the need to maintain confidentiality. On multiple occasions, including several calls made on different days, the LTCO’s calls were answered by the receptionist and then transferred to the nurses’ station, where they went unanswered and were ultimately sent to voicemail. The LTCO stated that, as a result, residents’ rights to private and confidential communications were being violated. Resident 2’s MDS dated 11/19/25 showed a BIMS score of 14, indicating cognitively intact status. Resident 2 reported not having a cell phone and relying on the facility phone to receive calls, and stated that others had told him they called the facility but their calls were not put through to him. A family member of Resident 3 stated that during daytime hours she could reach Resident 3 by phone, but after the receptionist left for the day she could not get anyone on the phone and described it as a “nightmare.” Review of the facility’s Resident Rights policy, revised 10/1/17, showed that residents have the right to privacy and confidentiality in oral, written, and electronic communications and the right to use a telephone in privacy, and that the facility is to ensure residents can exercise their rights without interference.
