Failure to Preserve Resident Dignity and Right to Refuse Care
Summary
The facility failed to preserve a resident’s dignity and right to make choices, including the right to refuse care, when staff physically restrained him during personal care and later mocked him with inappropriate touching and joking. The resident was an older male with dementia, heart failure, adult failure to thrive, severe cognitive impairment on BIMS, and was receiving hospice services. His behavior care plan identified that he could be resistant to care and combative, and directed staff to approach slowly, identify themselves, use calming sensory interventions, communicate calmly and respectfully, use non-verbal cues, and give short, simple directions. During the reported incident, CNA E and CNA F were caring for the resident while CNA G was in orientation. CNA G reported that CNA E pushed on the resident’s shoulders to position him, after which the resident became combative and refused care. CNA G stated CNA E restricted the resident’s arms while CNA F held his legs down. CNA E and CNA F both described holding the resident down as routine practice because he fought care, kicked, spit, and was combative, and both stated they did not ask the nurse for assistance or stop and reapproach later. CNA E also stated staff had to provide care and that leaving him alone would be neglect. The report further described an incident at the nurses’ station where CNA E said “Titty Twister” and performed the action on the resident’s breast while laughing, with CNA G and a housekeeper reporting that the resident appeared surprised and that laughter followed the act. The facility’s video review confirmed CNA E touching and tickling the resident’s breast, and management acknowledged that the conduct was humiliating and that abuse had occurred. Interviews also reflected that CNA E used profanity toward the resident when taking items from him, and that CNA E and CNA F failed to demonstrate understanding of professional boundaries, abuse prevention, resident rights, and appropriate management of combative residents without force or restraint.
Penalty
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