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Patient Rights

20 questions

1. A resident in a California skilled nursing facility refuses her scheduled bath. The CNA should:

a.Bathe the resident anyway because hygiene is medically required
b.Honor the refusal, document it, and notify the charge nurse
c.Tell the resident she will lose her dinner privileges if she refuses
d.Have two staff hold the resident still and proceed quickly

Under 42 CFR §483.10(a) and California HSC §1599.65, residents have the right to be treated with dignity and to make choices about care, including the right to refuse treatment. The CNA must honor the refusal, document the refusal and any reason given, and notify the licensed nurse so the care plan can be revisited. Forcing care (a, d) constitutes battery and abuse; threats or coercion (c) violate dignity and the Patients' Bill of Rights. Refusal documentation protects the resident, staff, and facility.

42 CFR §483.10(a); HSC §1599.65

2. A resident's adult son calls the facility asking what medications his mother is taking. The CNA should:

a.Read the medication list to him since he is family
b.Tell him the medications but ask him not to share
c.Refer the caller to the charge nurse without confirming or denying any clinical information
d.Tell him to come in person and the CNA will show him the chart

HIPAA Privacy Rule (45 CFR §164.502) and 42 CFR §483.10(g) protect resident health information. Family status alone does not authorize disclosure; only individuals designated by the resident or holding valid authority (POA for healthcare, conservator) may receive PHI, and disclosure must be made by appropriate licensed staff. The CNA should not confirm or deny information and must route the request to the nurse, who will verify authorization before any release. Options a, b, and d would each be unauthorized disclosures.

42 CFR §483.10(g); HIPAA 45 CFR §164.502

3. A CNA sees a coworker slap a resident across the face. Under California's Elder Abuse Reporting law, the CNA must:

a.Report the abuse to the facility administrator and CDPH/Adult Protective Services as a mandated reporter, typically within two hours
b.Wait until the end of shift to mention it to the charge nurse so as not to disrupt care
c.Confront the coworker privately and give them a chance to apologize
d.Only report it if the resident asks the CNA to do so

Welfare & Institutions Code §15630 makes CNAs mandated reporters of elder and dependent adult abuse. Physical abuse with serious bodily injury must be reported by phone immediately and in writing within two hours; other physical abuse within 24 hours, to local ombudsman or law enforcement and to CDPH. 42 CFR §483.12 also requires immediate facility reporting. Waiting (b), informal handling (c), or conditioning the report on the resident's wishes (d) are violations that expose the CNA to criminal penalties and loss of certification.

42 CFR §483.12; W&I Code §15630

4. Which of the following best reflects a resident's right to participate in care planning?

a.The interdisciplinary team writes the plan and then informs the resident
b.Family members must approve the plan before it is shared with the resident
c.The resident may attend only if the physician agrees
d.The resident (and chosen representative) must be invited to participate in developing and reviewing the plan of care

42 CFR §483.10(f)(8) and HSC §1599.1 establish the resident's right to participate in the development, review, and revision of the comprehensive care plan, including the right to choose a representative. The plan reflects resident goals and preferences, not staff convenience. Option a denies participation; b inappropriately gives family veto power; c conditions a right on physician approval. The team must accommodate scheduling and provide notice so the resident can meaningfully participate.

42 CFR §483.10(f)(8); HSC §1599.1

5. A nurse orders a vest restraint because a resident keeps trying to get out of bed at night. Before applying it, the CNA knows that under federal restraint rules:

a.Any restraint may be used as long as a nurse orders it
b.Restraints may be used only when less restrictive interventions have been tried and failed, and only to treat a medical symptom
c.Restraints are routine fall-prevention tools for all residents over 80
d.Family verbal consent alone authorizes restraint use

42 CFR §483.12(a)(2) prohibits restraints imposed for discipline or staff convenience and requires they be used only to treat the resident's medical symptoms after less restrictive interventions (bed alarms, low beds, frequent rounding, toileting schedule) have been tried. A physician order, documented assessment, informed consent, and ongoing monitoring are required. Routine use (c) or order-alone (a) violate the regulation; family consent (d) does not substitute for medical necessity and least-restrictive analysis.

42 CFR §483.12(a)(2); CMS State Operations Manual Appendix PP

6. While giving perineal care, a CNA notices the room door is open and visitors are walking past. The CNA should first:

a.Continue care quickly to minimize exposure time
b.Move the resident to the bathroom mid-task
c.Close the door, pull the privacy curtain, and cover the resident with a bath blanket
d.Ask visitors in the hallway to look away

The right to personal privacy and dignity during care is guaranteed by 42 CFR §483.10(e) and California HSC §1599.74. Best practice is to close the door, pull the privacy curtain, and drape the resident with a bath blanket exposing only the area being cleaned. Working faster (a) does not protect dignity, moving the resident mid-care (b) is unsafe and undignified, and asking bystanders to look away (d) places the burden on others and still exposes the resident.

42 CFR §483.10(e); HSC §1599.74

7. A resident has a signed POLST indicating Do Not Resuscitate (DNR) and 'comfort measures only.' The resident becomes unresponsive with no pulse. The CNA should:

a.Call for the nurse immediately and not start CPR, consistent with the POLST
b.Begin CPR because every patient must be resuscitated regardless of paperwork
c.Wait until the family arrives to decide what to do
d.Move the resident to a chair to make breathing easier

Under the Patient Self-Determination Act and 42 CFR §483.10(c)(6), residents may direct refusal of life-sustaining treatment through advance directives and California POLST. A valid POLST is a portable physician order that staff must honor; CPR is not initiated when DNR is specified. The CNA notifies the nurse so death can be pronounced and the family/physician notified. Starting CPR (b) violates the directive; delay (c) and repositioning a pulseless person (d) are inappropriate.

42 CFR §483.10(c)(6); Patient Self-Determination Act 42 USC §1395cc(f)

8. A long-term-care resident wishes to vote in the November election but cannot leave the facility. Under federal residents' rights, the facility must:

a.Discourage voting because it overstimulates the resident
b.Reasonably accommodate the resident's right to vote, including assistance obtaining a vote-by-mail ballot
c.Vote on behalf of the resident based on stated preferences
d.Require a physician's note before allowing voting

42 CFR §483.10(f)(11) protects residents' rights to exercise their rights as citizens, including voting. California facilities must reasonably accommodate access to vote-by-mail materials, translators, and adaptive assistance, and may coordinate with the County Registrar of Voters. Discouraging participation (a), proxy voting by staff (b)—which is illegal—, or gatekeeping by physician note (d) all infringe a fundamental civil right.

42 CFR §483.10(f)(11); HSC §1599.79

9. A resident tells the CNA, 'I want to file a complaint about how the night staff speaks to me.' The CNA should:

a.Tell the resident complaints rarely change anything and to let it go
b.Wait until the next care conference, weeks away, to bring it up
c.Investigate the staff personally before forwarding anything
d.Inform the resident of the grievance process and assist in contacting the grievance officer or ombudsman without retaliation

42 CFR §483.10(j) and HSC §1599.2 guarantee the right to voice grievances without discrimination or reprisal and require facilities to have a grievance officer with prompt written response. The CNA must support access to the grievance process, including posting Long-Term Care Ombudsman contact information (1-800-231-4024). Discouraging the resident (a), delay (b), and informal investigation by an aide (c) all violate residents' rights and may constitute retaliation if they suppress the complaint.

42 CFR §483.10(j); HSC §1599.2

10. A resident wants to keep his late wife's photograph and a small wooden rosary at the bedside. The facility should:

a.Remove them as fall hazards
b.Place them in storage until family visits
c.Allow the resident to retain and use personal possessions to the extent space permits and they do not infringe on others' rights or safety
d.Allow only items approved by the medical director

42 CFR §483.10(f)(2) and HSC §1599.69 grant residents the right to retain and use personal possessions, including religious items, to the extent space permits, unless doing so would infringe on others' rights, health, or safety. Personal items support identity, comfort, and dignity. Removal (a) or storage (b) without cause violates the right; medical director gatekeeping (d) is not the standard—facilities apply space and safety criteria, not arbitrary approval.

42 CFR §483.10(f)(2); HSC §1599.69

11. Visiting hours and access rights in California skilled nursing facilities require that:

a.The resident has the right to receive visitors of his or her choosing at the times of his or her choosing, subject only to reasonable clinical and safety limits
b.Only blood relatives may visit
c.Visits are restricted to 1-3 pm daily
d.Same-sex partners require special administrator approval

42 CFR §483.10(f)(4) and HSC §1599.76 protect the right to receive visitors of the resident's choosing, including same-sex partners, friends, and clergy, at times the resident chooses, subject only to reasonable clinical or safety restrictions and the resident's own consent. Limiting to blood relatives (b), rigid hours (c), or requiring approval based on relationship type (d) violate both federal regulation and California nondiscrimination law (Unruh Act; HSC §1439.50 LGBT Long-Term Care Bill of Rights).

42 CFR §483.10(f)(4); HSC §1599.76

12. A resident asks the CNA to hold $40 in cash for her in the CNA's pocket. The correct response is:

a.Hold the cash and return it at the end of shift
b.Decline and direct the resident to the facility's resident personal-funds account managed by the business office
c.Spend it on her behalf at the gift shop
d.Give it to the resident's roommate for safekeeping

42 CFR §483.10(f)(10) and HSC §1599.81 require facilities to safeguard resident personal funds in a separate accounting system with quarterly statements, and prohibit staff from commingling resident funds with personal property. A CNA holding cash (a) or spending it (c) creates risk of allegations of theft and violates policy; entrusting to a roommate (d) is also improper. Funds belong in the facility's resident-trust account where they remain the resident's property with full access.

42 CFR §483.10(f)(10); HSC §1599.81

13. A resident asks to read her own medical record. Under the right to access records, the facility must allow access:

a.Only with physician written approval
b.Only if family is present
c.Within 24 hours of an oral or written request, and provide copies within 2 working days (charges may apply)
d.Only after discharge

Per 42 CFR §483.10(g)(2) and California HSC §1599.78, residents have the right to access their records upon oral or written request within 24 hours (excluding weekends/holidays) and to receive copies within 2 working days at a reasonable cost. Physician approval (a) is not required for the resident's own record, family presence (b) is not a condition, and access is not delayed until discharge (d). HIPAA 45 CFR §164.524 also supports patient access.

42 CFR §483.10(g)(2); HSC §1599.78

14. Which of the following is an example of psychological abuse that must be reported?

a.Reminding a resident of the meal time
b.Asking a resident to wait briefly while the CNA finishes another task
c.Documenting a refusal of medication in the chart
d.Calling the resident 'old fool' and laughing when she spills her drink

42 CFR §483.12(a)(1) prohibits verbal, mental, physical, and sexual abuse. Name-calling, humiliation, ridicule, and threats are psychological/verbal abuse and must be reported under W&I §15630. Routine reminders (a), brief task prioritization (b), and accurate documentation (c) are normal care activities. CNAs witnessing verbal abuse have the same mandatory-reporting duty as for physical abuse and may face certification action for failure to report.

42 CFR §483.12(a)(1)

15. A CNA is discussing a resident's diagnosis with another CNA in the hallway near the elevator. This is:

a.A HIPAA confidentiality violation; discussions must occur in private and only with those who need to know
b.Acceptable because both are facility staff
c.Acceptable as long as the resident's name is not used loudly
d.Acceptable when the elevator door is closed

HIPAA (45 CFR §164.530) and 42 CFR §483.10(h) require minimum necessary disclosure and reasonable safeguards. Discussing PHI in public hallways violates confidentiality even between staff if others can overhear and the second staff member does not need the information for care. Staff status (b), volume control (c), or elevator doors (d) do not cure the violation. Discussions should occur in nursing stations, behind closed doors, or via secure shift report.

42 CFR §483.10(h); HIPAA 45 CFR §164.530

16. A transgender resident asks staff to use her chosen name and 'she/her' pronouns. Under California's LGBT Long-Term Care Bill of Rights, staff must:

a.Use the resident's legal name regardless of preference
b.Use the resident's preferred name and pronouns; willful and repeated failure is unlawful discrimination
c.Use whichever name the family chooses
d.Defer to the physician's notes only

HSC §1439.51 makes it unlawful for California long-term-care facilities to willfully and repeatedly fail to use a resident's preferred name or pronouns, or to deny appropriate room assignment by gender identity. Staff must respect chosen name, pronouns, and gender identity. Using legal name only (a) or deferring to family (c) or physician notes (d) over the resident's stated identity violates state law and the resident's dignity rights.

HSC §1439.51 (LGBT Long-Term Care Bill of Rights)

17. A resident receives a 30-day notice of involuntary transfer to another facility. Which is true of the resident's rights?

a.The resident has no right to appeal
b.The facility may transfer the resident immediately if Medicaid stops paying
c.The resident has the right to written notice (generally 30 days), the reason, the right to appeal to the state, and bed-hold rights
d.Only the family may appeal

42 CFR §483.15(c) and HSC §1599.61 require written notice of involuntary transfer or discharge, usually 30 days in advance, stating the reason and informing the resident of the right to appeal to the California Department of Health Care Services state hearing. Permissible reasons are limited (welfare, no longer needs services, endangerment, nonpayment, facility closure). The resident—and a representative—may appeal; lack of appeal rights (a), immediate transfer (b), and family-only appeal (d) are incorrect.

42 CFR §483.15(c); HSC §1599.61

18. When sharing a semi-private room, residents' rights to privacy include:

a.Being told to keep the curtain open at all times to allow staff observation
b.Sharing the same bath linens to save laundry
c.Allowing the roommate to listen to phone calls so the call can be monitored
d.Use of privacy curtains during care, private telephone access, and private space for visits with spouses or partners

42 CFR §483.10(e)(3) requires accommodation of privacy needs in shared rooms: privacy curtains during personal care, private telephone access, and private space for visits, including with spouses/partners. Mandating an open curtain (a) violates dignity; sharing personal hygiene items (b) violates infection control; allowing eavesdropping (c) violates confidentiality. Facility design and operations must accommodate these rights even within shared accommodations.

42 CFR §483.10(e)(3); CDPH AFL 20-22

19. An alert resident states she does not want a feeding tube even if she stops eating. The CNA should:

a.Inform the nurse so the wish can be documented in an advance directive and care plan
b.Tell her she has no choice once she cannot eat
c.Promise her the doctor will decide later
d.Tell her family to overrule her

42 CFR §483.10(c)(7) and HSC §1418.8 protect a competent adult's right to formulate advance directives and refuse treatment, including artificial nutrition and hydration. The CNA's role is to relay the wish promptly to the licensed nurse so it can be documented in an advance directive (AHCD/POLST) and integrated into the care plan. Dismissing the wish (b), deferring vaguely (c), or inviting family override (d) violate self-determination and the Patient Self-Determination Act.

42 CFR §483.10(c)(7); HSC §1418.8

20. California Title 22 §72527 Patients' Bill of Rights must be:

a.Read silently to the resident by the CNA
b.Provided in writing to the resident and posted prominently in the facility in English and the primary languages of residents
c.Kept only in the administrator's office
d.Given only when the family requests it

22 CCR §72527 requires SNFs to provide each patient (or representative) a written copy of the Patients' Bill of Rights upon admission and to post it prominently. CDPH guidance requires translation into the primary languages of residents served. Silent staff reading (a), restricted office storage (c), or conditioning on family request (d) defeat the rule's purpose of ensuring residents actually know their rights and can exercise them, including filing complaints with CDPH and the Ombudsman.

22 CCR §72527; HSC §1599
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