Failure to Accommodate Communication Needs and Bed Size Requirements
Summary
The facility failed to reasonably accommodate a resident’s need to communicate in the language of his choice. Resident #18, who was admitted with diagnoses including cerebral infarction with left-sided hemiparesis and difficulty walking, was observed in bed pointing and using hand gestures to communicate while a family member stated he did not speak English and spoke Arabic. No signs were posted to direct others to his preferred communication method. The care plan identified Arabic as his primary language and included interpreter needs, but staff interviews showed inconsistent understanding of his language needs, with staff identifying him as speaking Arabic, Egyptian Arabic, or Hindi. Staff also reported relying on gestures or a translation app, and the facility’s communication line was not operable when staff attempted to use it. Interviews with nursing staff and the DON showed the facility’s main source of communication for residents with limited English proficiency was the communication line, but staff were unable to use it because it was out of service. One LPN stated the resident used gestures because he did not understand English, while another stated the resident understood English and the language line would be used if needed. The DON stated the facility also coordinated with therapy for a communication board and confirmed she was not aware the communication line numbers were not working. The facility policy required effective communication services for limited English proficiency individuals, including oral communication through bilingual staff or interpreting. The facility also failed to provide Resident #5 with a bed that met his height, comfort, and furnishings needs. Resident #5, who had diagnoses including orthopedic aftercare, low back pain, diabetes mellitus type II, muscle wasting, gait abnormalities, and anxiety, was repeatedly observed lying in a bariatric bed with his feet pressed against the foot board and the foot board extended beyond the mattress. He stated Hospice had provided the bed at his request for a larger bed, but he needed a longer mattress rather than a wider one. He reported telling multiple staff members that the bed was not long enough, and his family member also stated the bed was not appropriate for his height. Staff confirmed the bed was wide but not long enough, and the NHA and DON acknowledged the facility did not have a longer bed and should have obtained one from Hospice.
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