Unauthorized Room Search Violates Resident Privacy and Dignity
Penalty
Summary
Facility staff failed to honor a resident's right to privacy and dignity when the administrator searched the resident's room without the resident's consent. The resident, who had diabetes mellitus and heart failure, had an H&P indicating capacity to understand and make decisions, and an MDS showing independent cognitive skills for daily decision-making and independence in most ADLs. The resident reported that the administrator searched his room for cigarettes and lighters without informing him or obtaining his consent, and that staff should not walk into residents' rooms and search through their personal belongings without permission. The administrator stated that the resident was observed smoking on the patio and produced a lighter, and when staff asked the resident to surrender the lighter, the resident refused. The administrator reported that the police department was called, and the administrator and police entered the resident's room to search for a lighter without notifying the resident about the room search. The DON stated that facility staff could not search a resident's room without the resident's permission and that residents had the right to privacy. The facility's Resident Rights policy indicated that residents had the right to be treated with consideration, respect, and full recognition of their dignity and individuality.
