A social worker employed by an Iowa nursing home was justified in resigning after the facility failed to disclose information about residents with serious, contagious diseases. According to a judge’s ruling, the lack of notice regarding contagious illnesses prevented the social worker from using appropriate personal protective equipment (PPE) and exposed her to unnecessary risk.
The social worker had been working full-time at the nursing home from March through May of this year. She resigned, citing stress and anxiety related to her job, which involved working with hospice patients. Additionally, she expressed concerns about an unsafe work environment due to the facility’s failure to share information about contagious diseases among residents.
During the week of May 5, 2024, the social worker interacted with residents by sharing paperwork and pens without being informed by the nursing staff that these residents had contagious illnesses. In one instance, a nursing staff member expressed surprise that the social worker wasn’t wearing PPE after exiting a resident’s room. When the social worker pointed out the lack of a required notice about the resident’s contagious disease, the nursing staff member allegedly replied that they had forgotten to post it.
The nursing home chain challenged the social worker’s request for unemployment benefits, leading to a hearing before an administrative law judge. The judge ruled in favor of the social worker, emphasizing that the lack of notice had unreasonably exposed her to the risk of contracting serious illnesses. Furthermore, the judge noted that the employer had initially assured the social worker that she would not be assigned hospice patients, only to later change the nature of her work—a situation resembling a bait-and-switch.
Compliance Perspective
Issue
According to F880, facilities must establish and maintain an infection prevention and control program (IPCP) designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections. This includes having a system in place for preventing, identifying, reporting, investigating, and controlling infections and communicable diseases for all residents, staff, volunteers, visitors, and other individuals providing services under a contractual arrangement based upon the facility assessment conducted according to §483.70(e) and following accepted national standards.
Discussion Points
- Review your IPCP and PPE policies and procedures to ensure they are up to date with the most recent Centers for Disease Control and Prevention (CDC) and Centers for Medicare & Medicaid Services (CMS) infection control guidelines.
- Train all staff to follow the facility’s policies and procedures for infection prevention and control. Document that the training occurred and keep a signed copy in each employee’s education file.
- Periodically audit to ensure that all staff members are following infection control policies and procedures correctly, and that the IPCP is reviewed annually. Provide additional education if necessary.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
