LPN Allegedly Fired After Reporting Concerns about Unsanitary Conditions in Missouri Nursing Home Supply Room
A former licensed practical nurse (LPN), working in a Missouri nursing home since 2001, was fired after she took pictures that showed food-waste, dirty towels, and used gloves lying around a room where medical supplies and linens were stored. Additionally, the photos showed bags of trash, used paper cups, a shaving cream container, disposable razor, and left over chocolate cake in a Styrofoam bowl on the counters and the floor of the supply room. The pictures were sent to the nursing home’s corporate office to report the potential violations of state and federal regulations.
The LPN claims that she was terminated after she reported her concerns and sent the photos. However, the nursing home issued a statement claiming there were other ongoing, undisclosed issues related to the LPN’s dismissal, but nothing was said about the sanitary issues raised by the nurse.
A federal inspection conducted last September found that the facility had a “range of sanitation problems in the residents’ bathrooms and showers.” The inspection also reported “gloves and debris strewn on the floor” and “unknown stains and discoloration in a sink and a dinner plate-size, brown liquid substance on the floor underneath the sink, along with several empty toilet paper holders.”
Missouri state regulations for nursing homes require linens and medical supplies to be stored in a place protected from contamination, and that food consumption only occur in designated areas.
Compliance Perspective
Retaliation by terminating an employee for reporting concerns about sanitation issues violates state and federal Whistle Blower Protection Acts.
Discussion Points:
- Review policies and procedures regarding a no-retaliation, no retribution policy against employees for reporting potential compliance violations.
- Train staff about reporting compliance violations, laws preventing retaliation for reporting concerns or participating in an investigation into the facts, and the use of the Hotline.
- Periodically audit by interviewing facility staff (assuring their anonymity) regarding their sense of not losing their jobs for reporting potential violations.
