Legal & EthicalQuestion 193 of 200

Which act, if committed by a CNA against a resident and substantiated by CDPH, would result in placement on the CA Nurse Aide Registry as a finding of abuse/neglect/misappropriation, barring future SNF employment?

a.Striking a resident, financial exploitation (stealing resident funds), or willful neglect resulting in harm
b.Requesting a reasonable accommodation from the employer for a documented disability under state and federal law
c.Filing a CDPH complaint about unsafe staffing on the unit
d.Reporting suspected abuse to the Long-Term Care Ombudsman

Explanation

Under HSC §1337.9 and 42 CFR §488.301/§483.156, CDPH maintains the Nurse Aide Registry. Substantiated findings of resident abuse, neglect, or misappropriation of resident property (theft) are entered on the registry permanently; the CNA cannot work in any Medicare/Medicaid certified nursing facility nationwide thereafter. Findings include physical/sexual/verbal abuse, financial exploitation, and willful neglect. The CNA receives notice and a right to a due-process hearing. Reporting abuse (d), complaining about staffing (c), and requesting ADA accommodations (b) are protected acts, not registry violations.

Law Reference: HSC §1337.9; 42 CFR §488.301

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