I live in New York. When a resident files a grievance with a facility about a particular CNA what happens because I’m seeing nothing done?

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I live in New York. When a resident files a grievance with a facility about a particular CNA what happens because I’m seeing nothing done?

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I was told by ombudsman what this CNA did was violate my rights as a patient talking about my care openly in dining room where other patients were. I then did a grievance. Next day I see this same CNA walking around with a copy of report I wrote. Later that day she was called into the office when she came out she made sure I heard her say I’m not in trouble. When they speak to her I should be there because she obviously lied her way out of this. Another veteran patient said they were supposed to assign her to a different floor and do an investigation.

Elder Law Skilled Nursing Facility

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You have correctly made a formal complaint.
This will be followed up. Meanwhile...

Do not listen to gossip.

Do not take as fact remarks made by people who are not in authority.

Log any contact with the CNA in question, including remarks clearly aimed AT you even if they were not addressed TO you. If the CNA reacts to your complaint by victimising you you need to be able to give clear examples of her behaviour.

Make a note of exactly when and where you saw the CNA with a copy of the report. This is important: of course the CNA has a copy, she has a right to know what complaint has been made. But the point is that if you could see it, so could anyone else she walked past. She ought not to have been carrying it about in the open in that way.

The CNA also has a right to be interviewed in private, and to state her own account of events without being interrupted or contradicted. If she chooses to lie, that will probably become obvious. But you can't expect to prevent it by being present during every conversation and shouting her down.

I would ask whether the CNA was talking to you about your care, or to somebody else, when she was overheard in the dining room. I'll assume it was to you. I agree that she ought not to have done: this should have been a confidential conversation, and she ought to have picked a more appropriate place. Did you try to stop her at the time, or did you not realise that other people could listen in? Did she realise?

How long ago did you make your complaint? The facility ought to have told you what would happen next and when. If they didn't, you should ask them now. Please let us know what they say.

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I’m the one who heard it. I usually wake up 10-11am this morning I woke up early. I was waiting by my door when I heard her clearly.
I did contact the state first they replied back saying talk to obdusman or social worker first so I finally saw her about a week later. I went down to social workers office wrote on my iPad what happened and that I wanted to speak to obdusman first. I have to write because my speech isn’t good. I also asked if she could email me a grievance form so I can fill it out using my laptop. She gave me her email told me to write exactly what happened that day. I did but don’t think she wrote it on grievance form but in subject of my email I put “ my grievance”. The paper I saw cna waving around looked exactly like my email. But I’m definitely going to ask tomorrow. Thank you.

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I agree, no one should discuss your health in front of others. If it made you uncomfortable, you could tell her. If she continues, then you need to mention it to the RN. She is the CNAs boss. You could have asked that the RN just to talk to her. Not be written up. This should stop the CNA. If not, then you put it in writing to the RN and cc in the administrator. Then if no one responds to your complaint, you go to the Ombudsman. This may not be a HIPPA violation unless she is actually telling people your health info. If its speaking to you in front of others, not sure if that counts. The main thing here is that it makes you uncomfortable and that should be taken into consideration. You have rights as a resident.

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Speaking to the patient about confidential matters where others can overhear most certainly does count. E.g.

"...so you'll need to pick your pile ointment up from the pharmacy bay, okay?"

I agree that this happens a lot, though. And some health care professionals have more carrying voices than others, too. I have stood gazing helplessly at nurses who stand next to the coffee bar, where I work as a volunteer, and chat to patients about their treatment and living conditions - by the time I could say "er, would you like to have this little talk somewhere more private?" it's too late, I've already heard. All I can do is crash cups around and hope they'll take the hint.

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I live in New York. When a resident files a grievance with a facility about a particular CNA what happens because I’m seeing nothing done?

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