HospitalInspections.org

Based on review of the Residents Rights and staff interview; the CAH (Critical Access Hospital) failed to include in the Residents Rights the resident has the right to choose to work or refuse to work for the facility, whether the work is voluntary or paid and the facility has to include the work agreement in the plan of care. This failed practice had the potential to affect all swing bed patients of the CAH. The CAH admitted 21 swing bed patients in 2014.

Findings are:

A. Review of the form titled Residents Rights (revised 2/15) lacked evidence of the following documenation:

The Resident has the right to -
1. Refuse to perform services for the facility;
2. Perform services for the facility, if he or she chooses, when-
i. The facility has documented the need or desire for work in the plan of care;
ii. The plan specifies the nature of the services performed and whether the services are voluntary or paid;
iii. Compensation for paid services is at or above prevailing rates; and
iv. The resident agrees to the work arrangement described in the plan of care.

B. Interview with the Director of Quality and Staff Development on 5/11/15 at 3:30 PM confirmed the Residents Rights lacked the above information and stated "We don't want them to work so we left it out of there."