Failure to Communicate With Resident in Preferred Language During ADL Care
Summary
The facility failed to provide treatment and services consistent with Resident #69’s needs related to communication, which increased the resident’s risk for diminished ADL abilities. Resident #69 had diagnoses including dementia, anxiety, and depression, and the record showed the resident’s preferred language was a non-English language. The MDS indicated the resident had unclear speech, was rarely or never understood, rarely or never made him/herself understood, and demonstrated rejection of care four to six days during the observation period. The care plan identified an ADL deficit related to dementia and a communication problem related to a language barrier, with a preference for face-to-face communication and family translation. Survey observations showed Resident #69 wearing mismatched and inappropriate clothing, including hospital gowns, layered clothing, and shoes on the wrong feet, with visible debris on clothing. The resident did not respond when approached by the surveyor and muttered in a language other than English. Staff interviews showed that the resident frequently refused ADL care, but staff did not use the resident’s preferred language or other effective communication methods to explore the reason for the refusals. A CNA stated that when the resident said no, that was it, and that the resident refused care all day. The UM stated that no one had really talked with the resident about why he/she was refusing care because that would require an in-depth conversation in the resident’s preferred language, which had not been done. The resident’s legal guardian stated he/she was appointed because of the ability to speak the resident’s preferred language and communicate with the resident, and said the resident understood and spoke in that language. An Activities Assistant stated the resident’s English was very limited and that visuals were key to communication, and also noted that a visual communication tool using words in the resident’s preferred language paired with pictures had been discussed but not developed until after the surveyor’s inquiry. The MDS nurse stated the resident was the only person at the facility who spoke that language and that no one at the facility seemed able to communicate with the resident. The SLP stated she had never received a referral to assess the resident for cognition or communication.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Trusted data from CMS and state health departments
Every citation, penalty and Plan of Correction is sourced from public CMS records (latest release July 29, 2026) and official state health department websites — never guesswork.
In your survey window? See what surveyors are citing.
The Survey-Prep Report maps your facility's risk from 12 months of CMS and state citation data — what's being cited around you and what to check first. $129 one-time.