Purpose: The purpose of this in-service, along with the Stop and Watch Inservice, is to train/educate all employees on the identification of and proper reporting and response for potential abuse, neglect and exploitation incidents with the intent to prompt investigation and to ensure the protection of patients/residents served.
This in-service educates all new hires and current employees on Patients’/Residents’ Rights, Resident/Patient Abuse and the obligation to report suspected crimes under the Federal Elder Justice Act (EJA).
Patient'/Resident' Rights
The Company endorses and respects the patients’/residents’ right to privacy and the protection and preservation of their dignity, individuality, and independence. The facility is the home of the patient/resident, and all employees must conduct themselves accordingly.
In addition to the material presented in this training, all employees are required to become familiar with, and follow the patients’/residents’ rights and abuse/neglect policies of the facility. The Company may require additional training on facility - specific patients’/residents’ rights policy and procedures. A typical policy provides for, among other things, the following patient/resident rights:
- Consideration, dignity, and respect in treatment and care.
- Privacy related to personal care, treatment, visits with family and friends, and communication.
- Use and quiet enjoyment of his/her room, including the right to close the door, and retain and use personal clothing and possessions.
- Participation in the planning of total care (including meal choices) and medical treatment, including being fully informed of medical condition, selecting a doctor, and refusing treatment.
- Participation in patient/resident councils to make complaints and recommend facility policy changes.
- Management of the patient's/resident's own financial affairs.
- Confidentiality of patient/resident records and their personal identifying information.
What does this mean for employees?
► Respecting residents’ private space and property. This means, among other things, not changing the radio or television station without permission. Knocking on resident room doors and requesting permission to enter and closing resident room doors as requested. (F-550)
► When cleaning a resident room or assisting a resident, remember that personal items should be kept within reach for independent use in bathrooms by the resident. Bedroom furniture should be arranged to the residents’ or patients’ preferences as much as possible. (F-558)
► The resident has the right to be free from any physical restraints not required to treat the resident’s medical symptoms. When mopping floors, ask Nursing if they can assist by removing the resident from the room until the floor has dried. Never create any type of barrier that may prevent the resident from moving about—doing so is placing the resident under involuntary seclusion. (F-604 & F-689)
► Speak respectfully with residents or patients and address them with the name of their choice. (F-550 & F-557)
► Comfortable sound levels must be maintained in the facility. This means background noise and distractions such as cleaning equipment are kept to a minimum, so as not to interfere with visitation, activities and meals. Yelling down halls and disruptive staff behavior are not allowed. (F-584)
► The resident has the right to choose activities, schedules, and make choices about aspects of his/her life in the facility that are significant to the resident. This means the resident is within his/her rights to make requests or deny services. If a request is made directly to you and you are unsure of what to do, speak with your supervisor or Nursing Services. (F-561)
► The facility must listen to the views and act upon the grievances and recommendations of the resident/patient and their families. This means the resident, or their family may question decisions made that affect resident care and life in the facility. If you are asked a question regarding this, refer it to your supervisor or Nursing Services. (F-565)
Resident and Patient Abuse
Residents/patients have the right to be free from abuse. Residents must not be subjected to abuse by anyone including, but not limited to, facility staff, other residents, consultants or volunteers, staff of other agencies serving the resident, family members or legal guardians. Any employee found to have used verbal, mental, sexual, or physical abuse, corporal punishment, or involuntary seclusion with a resident will be subject to suspension pending investigation and, if found to have used such, will be immediately terminated and reported to the appropriate state agencies, where they may be subject to criminal penalties or civil liability.
If You See Abuse Or Neglect, You Must Report It (F-608, F-609 & F-601)
Any employee who has ACTUAL knowledge of the abuse or neglect of a patient/resident, must demand the person to stop the abuse and immediately inform a supervisor. Actual knowledge means you see or personally hear the patient/resident being abused, or discover injuries of an unknown source, which requires further investigation.
When reporting, if the supervisor is not immediately available, submit the complaint to the Administrator or Nursing Supervisor, and then inform your supervisor as soon as possible; failure to do so will result in disciplinary action up to and including termination. You are not expected to get into a physical altercation with the abuser, however, it is preferred, if you are able without fear of being assaulted, that you stop the abuse and use the resident’s phone to inform your supervisor, the Administrator or Nursing Supervisor while remaining in the room with the resident.
Healthcare workers are mandatory reporters, which means they must report any instance of resident abuse to the state as well as to their employer.
Immunity
Any employee reporting abuse or neglect in which they are not involved is immune from discipline. Any employee making a bad faith, malicious, or reckless report may be subject to discipline by the Company.
Obligation to Report Suspected Crimes Under Federal Elder Justice Act
The Company complies with the Elder Justice Act (EJA) and requires all employees, managers, agents or contractors to report any reasonable suspicion of a crime against any individual receiving care in a facility to the state survey agency (SSA) and local law enforcement. The Company will notify all new employees, managers, agents or contractors and will annually notify all employees, managers, agents and contractors of their obligations under the EJA to report a suspicion of a crime. Furthermore, the Company will not retaliate against any employee who reports a suspicion of a crime against an individual receiving care in a facility. Any individual who has been prohibited from working in a long-term care facility because of failure to report a suspicion of a crime against a resident of a long term care facility will not be permitted to work for the Company.
If you have questions regarding how to report an incident, please call/contact our HR Department at
Email : hr@livewhs.com or HR Hotline #203-580-5690 Ext. 1 or speak with your supervisor.
DEFINITIONS:
“ABUSE” is the infliction of physical or mental injury, or the causing of the deterioration of a patient/resident, by any means including, but not limited to, sexual abuse, exploitation, or extortion of funds or other things of value, to such an extent that his/her health, morale, or emotional well-being is endangered.
“NEGLECT” is the failure to provide the proper or necessary medical care, nutrition, or other services necessary for a patient/resident’s well-being.
VERBAL ABUSE is defined as and refers to any use of oral, written or gestured language that willfully includes disparaging and derogatory terms to residents or their families, or within hearing distance. Verbal abuse includes, but not limited to threats of harm or frightening a patient/resident.
SEXUAL ABUSE includes, but not limited to sexual harassment, sexual coercion, or sexual assault.
MENTAL ABUSE includes, but not limited to humiliation, harassment, threats of punishment or deprivation.
PHYSICAL ABUSE includes, but not limited to hitting, slapping, pinching, running into with objects, and kicking. This also includes controlling behavior through corporal punishment. (Use of physical force with the intention to cause pain, but not injury for purpose of correction or control of the resident’s behavior).
MISAPPROPRIATION (THEFT) OF FUNDS or PROPERTY is defined as the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a patient/resident’s belongings or money without the resident’s knowing consent. Missing items are to be reported to your supervisor immediately. This includes but is not limited to items/money found in laundry.
MISTREATMENT - the practice of treating someone badly; includes any or all of the above.
INJURIES OF AN UNKNOWN SOURCE – any injury that you are unsure of how the resident received the injury. If you find a resident is injured, you must report it.
MANDATORY REPORTER – all those who work in a healthcare facility must report any reasonable suspicion of abuse of a patient/resident to the facility administrator and state agency responsible for handling these types of reports.
PATIENT-RESIDENTS’ RIGHTS; ABUSE-NEGLECT AND THE ELDER JUSTICE ACT INSERVICE
Any employee guilty of abusing a patient/resident is subject to immediate discharge. Local and State Authorities will be notified immediately, and criminal charges may be filed against any employee guilty of abuse.
If you see or hear of any form of Patient /Resident Abuse You Must Report It immediately to the Facility Admin/DON and Live Well Human Resources Department.
Email : hr@livewhs.com or HR Hotline #203-580-5690 Ext. 1