Resident Dignity and Respect Not Maintained During Therapy Interaction
Summary
The facility failed to ensure staff treated a resident with dignity and respect by not interacting in a manner that enhanced self-worth and quality of life. The resident had diagnoses including cerebral ischemia, speech and language deficits following cerebral infarction, cognitive communication deficit, aphasia, dysphonia, Parkinsonism, weakness, and transient ischemic attack. The resident’s MDS documented a BIMS of 14, indicating the resident was cognitively intact. During therapy-related interactions, the resident required extensive physical assistance for transfers and was described as not able to perform a car transfer safely, with the therapist noting the resident was dependent for positioning and needed max assist to maintain upright posture. During an interaction involving the resident, a family member, and the PTA, the PTA reportedly raised her voice, sat close to the resident’s face, and made statements about the resident saying she was not receiving therapy and about being accused of Medicaid fraud. The family member stated the PTA said, “Look at me, I am talking to you,” and later loudly stated, “I am not going to be accused of Medicaid fraud,” and, “You could get me fired for saying that.” The family member stated the resident did not respond and kept gazing off, and that the resident had processing delay and a history of strokes and Parkinson’s disease. Another staff member reported hearing the PTA say in a loud tone, “You’re going to get me in trouble for Medicaid fraud,” while being close to the resident’s face. The PTA acknowledged telling the resident to stop saying she was not providing therapy because that could be considered Medicaid fraud, and stated the resident’s comments upset her. The administrator and therapy director were informed of the incident, and interviews later reflected disagreement about whether the interaction constituted abuse, with some describing it as a misunderstanding and others describing it as loud, stern, and emotional. The facility’s dignity policy stated residents shall be treated with dignity and respect at all times and staff shall speak respectfully to residents at all times, including addressing the resident by name of choice.
Penalty
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