The family of an 88-year-old resident in a New Jersey nursing home recently reported that they were not made aware of the resident’s death on 4/19 from COVID-19 until they called to check on him.
When the resident’s granddaughter called the nursing home to find out how her grandfather was doing, she was first told by the staff member answering the phone that the resident could not be found. Then, she was told that he had expired. “When did he die?” she asked. “Oh, I can’t tell you that, you’re not on the list,” was the response. Then she asked, “Who is on the list?” and was told, “I can’t tell you that either.” So, the granddaughter Googled her grandfather’s name and found out the name of the funeral home where he had been taken after he died.
The resident lived at the facility for four years and was under state guardianship due to financial necessity. Consequently, the nursing home notified the guardian about the resident’s death, who then instructed that the resident be sent to a funeral home. When the family contacted the funeral home, they were informed that an attempt had been made to contact them, but no one answered the telephone number they were given by the nursing home, and they had no other number. Since the funeral home was not made aware of the resident’s desire to be cremated, he was buried.
The granddaughter insists that her father had updated his number with the facility at least four times by giving it to nurses who provided his direct care, the nursing director, and the person at the main desk. The family believes no one ever bothered to update the resident’s file.
The resident’s granddaughter said that before the COVID-19 outbreak they “visited frequently, always bringing a small black coffee, jelly donuts, and occasionally a bottle of Guinness” and “there was no reason for anyone in the facility to assume he was not wanted or loved.”
The nursing home has reported that 21 of its residents have died during the pandemic, and another 119 residents have tested positive for COVID-19.
Compliance Perspective
Failure to update contact information provided by residents’ families, and failure to follow the Centers for Medicare & Medicaid Services (CMS) guidelines requiring long-term facilities to communicate timely with residents, families, and representatives when residents or staff test positive for COVID-19, are hospitalized, or die, may be considered a breach of residents’ rights, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding CMS COVID-19 guidelines for long-term care facilities to follow for communication with residents, families, and representatives, and also for updating contact information provided by a resident’s family to a facility staff member.
- Train staff regarding CMS COVID-19 guidelines for communicating with residents, families, and representatives regarding positive testing, hospitalization, and death of residents and staff members, and any impact on facility operations. Also, train staff regarding the importance of ensuring that any updated contact information they are given by family members is provided to personnel responsible for keeping that information current.
- Periodically audit to determine if CMS COVID-19 guidelines for communicating with residents, families, and representatives regarding positive testing, hospitalization, and death are being followed.
