Does ignoring a resident’s cries for help and neglecting to care for the resident for several hours after an incident where the resident has soiled herself and the area around her with vomit violate the resident’s right to be free of abuse and neglect? And, does it constitute providing substandard quality of care that may result in the submission of false claims to Medicare and Medicaid in violation of the False Claims Act?
Compliance Perspective – Abusive Photograph
Policies and Procedures:The Compliance Officer with the DON will review the policies and procedures regarding Quality of Care (F684) for residents and the resident’s right to be Free from Abuse and Neglect (F600). Training: Staff will receive training when hired and on an ongoing basis regarding the rights of residents to receive Quality Care and to be Free from Abuse and Neglect. Audit: Staff will conduct an audit of residents who are able to express themselves regarding the timely and appropriate response by staff to their requests for care and assistance. Residents who cannot express themselves will receive body audits to determine if their needs for care and assistance are being met in a timely manner. The results of the audits will be summarized and submitted to the QAPI Committee for review and recommendations. Periodically, a review is needed to ensure that policies and procedures are updated, and that all employees have been trained.
A visitor in a Texas nursing home posted a photograph on Facebook of a resident sitting in a wheelchair with vomit visible on her clothing. The resident was alleged to have been left in that condition for several hours without receiving any attention from staff at the healthcare and rehabilitation center.
After the resident’s family became aware of the photograph, they retained an attorney to file a lawsuit.
When asked, the visitor who took the picture said that he went to the nursing home to visit his uncle and when he arrived around 7:30 p.m., he noticed the resident sitting in her wheelchair asking for help. He said there were staff nearby, but they were ignoring her. He left the facility and returned around 9:30 p.m., and noticed the woman was still sitting in the hallway; however, now she and the floor around her were covered in vomit. He thought the woman had just become sick, and he went to visit his uncle. As he was leaving around 30 minutes later, he noticed the woman was still in the same place. There were towels on the floor and on the woman, but staff still ignored her.
The visitor said “They [staff] were just sitting there. I asked at the desk if somebody would assist her, and they said when they had time.”
That was when he took the photograph, mentioned what he had seen to some friends and posted the photograph at their urging on Facebook.
Later, the nursing home’s administrator contacted the visitor and asked that he remove the photograph from Facebook out of respect for the resident and at the family’s request. Shortly thereafter, the family contacted the visitor, thanked him for sharing the photograph, and requested that he leave the photograph on Facebook.
The situation is being investigated by the Texas Health and Human Services Commission.
