Resident Rights and LOA Restrictions Not Supported
Summary
The facility failed to honor a resident’s rights to self-determination, dignity, and the ability to leave the facility for a leave of absence (LOA) without unsupported restrictions. The resident had diagnoses including schizoaffective disorder, dementia, bipolar disorder, nicotine dependence, anxiety, and a history of substance abuse, and the record showed a court-appointed conservator. Multiple clinical notes described the resident as alert, oriented, cooperative, with intact judgment for routine decisions, logical thought process, fluent speech, and no acute psychiatric symptoms or cognitive impairment that prevented participation in decision-making discussions. The resident’s care plan identified the resident as independent with ambulation and smoking, and a physician order allowed an LOA for one hour. Facility documentation showed the resident was repeatedly limited to one-hour LOAs based on conservator direction and facility concerns about noncompliance, including returning late from an LOA after shopping and later reporting marijuana use and alcohol intake while out. Nursing and social work interviews confirmed the resident was treated as responsible for self while on LOA, but the record did not identify additional information supporting the restriction of the resident’s rights or the limitation of LOA time. The resident’s LOA order was later modified to one hour once daily, and then discontinued. The record also showed an episode in which the resident did not return from an LOA and later had police intervention after becoming agitated and unable to be redirected. Facility staff stated the conservator directed that independent LOAs be discontinued and that the facility was following those directions. However, the record review failed to identify why the resident’s right to leave the facility on LOA was taken away, and the facility did not provide a LOA policy for survey review. The facility’s resident rights document stated residents have the right to be informed of and participate in their treatment plan, to request or refuse treatment, and to exercise rights with facility support, including a dignified existence and self-determination.
Penalty
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