Failure to Respect English-Speaking Residents’ Communication and Dignity Rights
Penalty
Summary
The deficiency involves staff failing to honor residents' rights to dignity, self-determination, communication, and use of their primary language during care. For Resident 3, the Admission Record dated 3/24/26 showed admission with HTN, anemia, hemiplegia and hemiparesis following a stroke, and identified English as the primary language. An MDS dated 2/18/26 documented intact cognition and a need for supervision, touching assistance, or substantial/maximal assistance with ADLs and bed mobility. During interview, Resident 3 stated she hears everything and has heard staff speaking in other languages among themselves. Resident 5’s Admission Record dated 3/24/26 documented admission with muscle weakness, osteoarthritis of the knee, asthma, spinal stenosis, and lymphedema, and identified English as the primary language. An MDS indicated mild memory problems, a need for set-up or clean-up assistance with eating, and substantial/maximal assistance to dependence for other ADLs and bed mobility. During interview, Resident 5 reported that two staff members were in her room that morning speaking a foreign language to each other, and stated she only speaks English and does not know what they are saying and that they could be talking about her. A CNA interviewed stated staff should not be speaking a different language with each other that is different from the one the resident speaks. The facility’s Resident Rights policy, reviewed 6/2/25, stated employees shall treat all residents with kindness, respect, and dignity and support residents in exercising their rights, including the right to be treated with respect.
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