complaint·September 14, 2021

Regarding the allegation, ‘Staff is unable to communicate effectively with the residents while in care’, the complainant’s concern is that the two (2) facility staff are unable to effectively communicate with the residents and/or visitors in English. As a result, there is concern that resident needs are not being met. During the investigation, the LPAs conducted interviews with the facility residents which revealed that they believe that there is a language barrier which prohibits staff from communicating effectively with the residents. It was stated that staff only understand basic needs in English. When the LPAs interviewed the administrator, the administrator denied the allegation. The Administrator stated that staff are able to communicate effectively with all of the residents. The LPAs asked the administrator if staff have ever called the administrator to translate for them. The Administrator stated that this has never happened. The Administrator also stated that staff and residents are always able to communicate with one another. On 06/30/21, a record review revealed that outside agency credible witness have visited the facility and during these visits, the collateral agencies also had difficulty communicating with staff. The records review revealed that they believe that there is a language barrier which prohibits staff from communicating effectively with the residents and outside agencies. It was stated that at times, the staff have to contact the administrator for translation. On 07/15/21, LPA Walker received additional information, which references caregivers whom were unable to speak English. A record review of this additional information revealed that the facility has not maintained consistent English-speaking staff. The LPAs conducted visits on June 3, 2021, July 2, 2021 and on July 16, 2021. During those visits, the LPAs have only observed staff #1 to be working at the facility. The LPAs have never witnessed staff #2 present in the facility. Staff #1 was unable to effectively communicate with residents, outside agencies and the LPAs. During today’s interview, LPA Walker asked staff #1 several questions such as, ‘Does any resident have dietary needs’; ‘How often are residents checked’; ‘In case of an emergency, who would you contact’; ‘What would you do if you observed a resident having a heart attack’; ‘What would you do if you observed a resident fall’; ‘Do you know how to call the paramedics’; and ‘What would you do if you observed a resident having a seizure’. Staff #1 did not appear to understand any of the LPA’s questions and stated ‘no understand, and I don’t know’. Continued on LIC 9099C.. Based on the record review, outside agency creditable witness, interviews with staff, residents, and the administrator, there is sufficient evidence to support the allegation ‘Staff is unable to communicate effectively with the residents while in care.’ Therefore, the allegation, ‘staff is unable to communicate effectively with the residents while in care’ is deemed Substantiated at this time. Deficiencies cited on 9099-D Exit interview conducted, a copy of the report and appeal rights were provided.