Resident Rights and Informed Consent Failures
Summary
The facility failed to ensure resident rights were exercised when a census of 24 residents and/or their responsible parties were not informed about their right to vote in the California primary election. During the resident council meeting, residents in attendance stated they had not voted. Interviews with the Social Services Designee and Interim Activities Director showed staff were unaware of the election, did not know who was responsible for informing residents, and acknowledged residents had not received election information from the Activities Department. The Assistant Administrator stated past elections had been posted on the activity calendar, but the June 2026 calendar did not list the election as an offered activity. Multiple residents stated the facility did not talk to them about voting and they were not able to vote, and an observation found no posted copies of resident rights throughout the facility as required by the facility policy. The facility also failed to ensure Resident 22's final wishes were followed when family members signed her POLST without legal authority to do so. Resident 22 was admitted with Alzheimer's disease and dementia, and her MDS indicated complete memory impairment. Her POLST, prepared in March 2019, showed her financial RP signed the form, but the signature was not dated and the relationship to Resident 22 was not completed. The POLST also stated the financial RP had consent to sign based on an advance directive dated September 2017. Review of Resident 22's Uniform Statutory Form Power of Attorney showed it did not authorize anyone to make medical or other healthcare decisions. During interview, the Social Services Designee stated the POLST was not correct and that the signer did not have consent based on the POA. The facility's informed consent policy required consent from the legally authorized representative when the resident lacked decision-making capacity and required documentation supporting incapacity and surrogate authority to be maintained in the medical record.
Penalty
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