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32 | However, the investigation revealed the Alternate Pharmacy Waiver was not in the original Admission Agreement submitted to CCL during licensure. The facility is required to submit changes to their Plan of Operation and Admission Agreement to CCL before implementation. This will be addressed on a separate case management visit. Based on the information obtained, the allegation is deemed Unsubstantiated at this time.
On the allegation, “Facility staff violated residents' right to visitation,” the complainant’s concern was that resident’s visitation rights were violated due to a letter distributed by the interim administrator. According to the complainant, the letter stated media and reporters are not allowed on the property without prior consent, which is a violation of resident’s right to visitation.
LPA reviewed the letter from the interim Administrator. The letter states “Our community is private property and members of the media/reporters are not allowed to walk into or around our property asking questions without prior consent.” The letter also states, “If you need to talk with someone please come to me directly” and provides the Administrator’s contact information.
The licensee has an obligation to ensure resident’s physical and mental health, physical safety and general welfare pursuant to Health and Safety Code 1569.2(c) and 1569.312(a). Regulation 87468(a)(11) states residents have the right to visitors, ombudsman, and advocacy representatives permitted to “visit privately during reasonable hours and without notice, provided that the rights of other residents are not infringed upon.” The media is not an entity within the scope of those with an affirmative right to enter the facility without a specific resident’s invitation. Residents have the right to be notified of potential visitors seeking to visit, and then decide to accept or decline the visit. Residents have a right to make informed choices regarding visitation including the media/press.
If a resident accepts the visit, the facility has the obligation to provide a safe and private location for the visit, where other residents’ rights to privacy will be not infringed upon. Additionally, a resident’s image could be captured and published by the media via photography or broadcast, and it is imperative to ensure the resident knowingly and competently consents to the use of their identity and image. In some cases, it would be appropriate for the facility to contact a resident’s Power of Attorney to inform them of the request.
The facility should also ensure all residents safety and dignity is protected in that after the media/press are done visiting the specific resident that allowed visitation, they should not wander freely around the building, attempting to interview residents who have not consented to the visit/interview. Based on interviews conducted, no residents requested visits/interviews from the media.
Based on evidence obtained, the allegation is deemed Unsubstantiated at this time.
Exit interview conducted, report given. |