§483.10(e) Respect and Dignity. The resident has a right to be treated with respect and dignity, including: §483.10(e)(2) The right to retain and use personal possessions, including furnishings, and clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents.
|
Observations:
Based on facility policy review, clinical record review, and resident and staff interviews, it was determined that the facility failed to obtain consent prior to searching a resident's personal possessions for one of three residents reviewed (Resident 1).
Findings include:
Review of facility policy, titled "Resident Rights" last revised June 2023, read, in part, "Employees shall treat all residents with kindness, respect, and dignity. Federal and state laws guarantee certain basic rights to all residents of this facility. These rights include the resident's right to: a dignified existence, and retain and use personal possessions to the maximum extent the space and safety permit."
Review of Resident 1's clinical record revealed diagnoses that included pain and difficulty in walking.
During an interview with the Nursing Home Administrator (NHA) on July 1, 2026, at 10:03 AM, he revealed about two weeks ago he was informed that Resident 1 had a camera in his room, so he and Employee 1 (Maintenance) went to Resident 1's room to search his room. Resident 1 was at an outing for residents outside of the facility at the time, and he was not made aware of his room search. He further revealed he found a video camera in his room, and he confiscated it and has current possession of the camera.
Interview with Resident 1 on July 1, 2026, at 10:24 AM, he revealed he was at an outing away from the facility, and his roommate told him that the NHA and Employee 1 came to search his room and took his camera without his permission. He further revealed he keeps all his belongings bagged in his drawers and closet to ensure no one goes through his things, and he feels that he shouldn't have to live that way. Resident 2 (Roommate) confirmed the search to have occurred at that time and revealed he would not want that to happen to him.
During a follow up interview with the NHA on July 1, 2026, at 10:58 AM, the surveyor revealed the concern with resident rights in regard to the room search without notifying the resident first, as well as the confiscation of Resident 1's personal properly. He revealed he understood the perspective of resident rights in this situation.
28 Pa. Code 201.18(b)(2) Management 28 Pa. Code 201.29 (a) Resident Rights
| | Plan of Correction - To be completed: 07/15/2026
1 Resident 1's camera was returned to him upon identification of this concern 2 A 30 day look back audit of grievances was completed to identify any other reports involving room searches or personal property concerns. 3 The Resident Rights policy was reviewed and reinforced with the NHA, Department Heads, and all staff, with specific emphasis on obtaining resident consent, or contacting the responsible party if the resident is unable to consent, prior to any search of a resident's room or personal belongings, except in situations involving immediate safety risk. Staff were educated on the resident's right to be notified of and present for any search whenever possible. 4 The DON or designee will audit weekly for four weeks, then monthly for two months, to confirm any room or property searches conducted are documented with evidence of resident consent or notification. Results will be reported to the QAPI committee for review and further action as needed.
|
|