F0607 F607: Develop and implement policies and procedures to prevent abuse, neglect, and theft.
L

Failure to Report Abuse and Implement Protective Measures

Pender Memorial Hosp SnfBurgaw, North Carolina Survey Completed on 05-06-2024

Summary

Nurse Aide (NA) #1 failed to immediately report an incident of abuse when Resident #2 threatened Resident #1 with a knife. The administration was not made aware of the incident until two days later when Resident #1 reported it to Nurse #1, who then informed the administration. This delay in reporting resulted in the knife remaining in Resident #2's possession, and no protective measures were implemented immediately, placing all residents at risk of harm from further abuse by Resident #2. The facility also failed to notify the state agency of the abuse within the required timeframe and did not report the abuse to Adult Protective Services (APS). The administration only contacted the state agency on 4/18/24, a week after becoming aware of the incident. This delay in reporting and failure to follow proper procedures contributed to the severity of the deficiency. Interviews with staff and residents revealed that NA #1 did not take the threat seriously and did not want to be involved, which led to her inaction. The Director of Nursing (DON) and the facility Administrator were unaware of the need to report the incident to APS and were unsure if the incident was reportable to the state agency. This lack of knowledge and failure to follow established policies and procedures resulted in a significant lapse in resident safety and regulatory compliance.

Removal Plan

  • Identify those recipients who have suffered, or are likely to suffer, a serious adverse outcome as a result of the noncompliance.
  • NA #1 did not follow the abuse policy by immediately reporting to leadership or law enforcement.
  • The Director of Nursing (DON) notified company police that there was a resident in possession of a knife, which posed a security threat.
  • The DON called the local police department for assistance with confiscating the knife.
  • The DON cleared the Skilled Nursing Unit (SNU) hallways of residents and staff.
  • Residents were escorted to their rooms and room doors were shut by staff.
  • Staff were relocated to the day room.
  • The DON instructed the local police to search Resident #2's room for any additional contraband.
  • The DON and local police asked Resident #2 if he had any concerns about his safety and he responded no.
  • After the knife was confiscated, the DON announced via a unit overhead page that staff and residents were free to move about the unit.
  • The Social Worker reported to the unit and was briefed on the situation by the DON.
  • The DON directed the Social Worker to round first on Resident #1.
  • The Social Worker provided emotional support and offered resources such as Chaplain services, counseling, physician consultation etc. to Resident #1.
  • The DON rounded on residents and implemented a two-team member approach to providing care to Resident #2, or when entering his room.
  • The DON debriefed with the oncoming nursing supervisor who then instructed the security officer to complete extra rounding on the SNU.
  • The DON consulted the Medical Director and a Behavioral Health consult was ordered for Resident #2.
  • The DON debriefed the team and instructed the team to place this patient on close supervision and call the local police department immediately at the onset of any threatening behaviors from Resident #2.
  • The Minimum Data Set (MDS) Coordinator modified Resident #2's care plan to include interventions to reduce or eliminate inappropriate or threatening behaviors.
  • The DON notified the dietary services to place Resident #2 on a safe tray that utilizes plastic utensils, Styrofoam tray and no plastic bags.
  • The DON investigated the incident by interviewing team members and the alert and oriented residents to assess for other incidents.
  • The DON facilitated a leadership meeting with legal department, case management, risk management, company police and manager of Clinical Outcomes to establish next steps, including the clinical appropriateness of resident discharge and associated CMS regulations.
  • The DON completed the Nursing Home Notice of Transfer/Discharge that was signed by the facility President/Administrator and given to Resident #2.
  • The attending provider completed a discharge summary and wrote a discharge order for Resident #2.
  • The DON discussed the context of Resident #2's discharge, including the facility policy, CMS guidelines, and importance of resident and staff safety with SNU staff via a staff meeting.
  • The DON self-reported the resident abuse safety incident to the NC Department of Health and Human Services via fax.
  • The DON told Resident #1 that Resident #2 was discharged and reassessed Resident #1 for mental suffering.
  • The Administrator and the DON reviewed the one other abuse allegation since September of 2022.
  • The DON reviewed the annual training transcripts for all SNU team members to ensure they completed required resident abuse/neglect education.
  • The SNU Clinical Coordinator provided education to SNU clinical team members present on-site via on-site in-person training.
  • The Nursing Supervisor educated team members in the following disciplines of the above educational topics via in-person, face-to-face huddles.
  • The DON facilitated a SNU team meeting and in-service and completed education regarding the same topics outlined above.
  • The Manager of Clinical Outcomes facilitated another in person, face-to-face in-service on the abuse topic as outlined above.
  • Education regarding the same topics as above will be ongoing by unit leaders until 100% compliance is achieved and prior to staff working on the floor.
  • The Resident Council was provided education to residents on how to report safety concerns.
  • Company police provided an in-person, face-to-face in-service to SNU staff about abuse.
  • As part of onboarding new staff, standard, facility-wide orientation facilitated by the Human Resources Department includes education regarding timely abuse reporting.
  • A computer-based learning module created by the facility's Professional Development Department about resident abuse and neglect remains a part of the SNU staff's annual education requirements.
  • The DON will be responsible for ensuring completion of a unit-specific orientation checklist that includes each new hire's verification of understanding the abuse policy.

Penalty

Fine: $56,989
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0607 citations
Failure to Implement Abuse Policy and Immediately Report Suspected Abuse, Misappropriation, and Injury of Unknown Origin
D
F0607 F607: Develop and implement policies and procedures to prevent abuse, neglect, and theft.
Short Summary

The facility failed to implement its abuse prohibition policy and to ensure immediate reporting of suspected abuse, misappropriation, and injury of unknown origin. A resident with dementia and insomnia reported receiving diphenhydramine for several weeks from a nurse despite having only a one-time order, while an LPN and the supply clerk observed missing diphenhydramine stock and expressed concern it was being given without orders but did not report this to the administrator. Another cognitively intact resident with anxiety reported that two video games were missing and believed they were stolen, but the allegation was only shared with an unidentified staff member and was never reported to the administrator or state agency. In a separate case, a severely cognitively impaired resident was found with a large right forearm bruise of unknown origin that was first noted on a prior shift, not immediately reported to leadership, and subsequently reported to the state agency outside the required 2-hour timeframe.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Implement Abuse/Neglect Policies and Conduct Thorough Investigations
E
F0607 F607: Develop and implement policies and procedures to prevent abuse, neglect, and theft.
Short Summary

The facility failed to follow its abuse, neglect, and investigation policies for multiple residents. One resident with severe cognitive impairment and total dependence for bathing was assessed on the MDS as needing a 2‑person assist, but the care plan did not specify this, and a CNA provided a shower alone, during which the resident fell from a gurney and sustained head injuries. Another resident with impaired mobility and skin integrity needs was the subject of a complaint about lack of repositioning and rectal blisters, yet the 5‑day investigation contained no interviews with staff, the resident, or the complainant. A dependent, neurologically impaired resident alleged injury by a male CNA and was sent to the ER with wrist pain and lip bleeding, but the facility’s investigation, despite suspending and later terminating the CNA, did not include interviews with family or other residents cared for by that CNA. In a separate case, a non‑verbal resident with penile edema prompted an abuse allegation from family, but the DON conducted no staff or resident interviews, relying solely on her own assessment. Additionally, an altercation between two behaviorally complex residents was documented, but the excerpted records do not show a comprehensive abuse investigation consistent with policy, despite leadership acknowledging that such investigations must include thorough interviews and alignment of care plans with MDS findings.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Complete Required Licensure Check Prior to RN Hire
D
F0607 F607: Develop and implement policies and procedures to prevent abuse, neglect, and theft.
Short Summary

The facility did not follow its abuse-prevention policy requiring background and credential checks for potential employees when it hired an RN without documented verification of her professional license status. Review of the RN’s personnel file showed no evidence that her license had been checked to confirm it was current and free of disciplinary action, and the Nursing Home Administrator acknowledged that no such documentation could be found, resulting in noncompliance with state regulatory requirements.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Implement Abuse Reporting and Protection Policies for Resident-to-Resident Incidents
K
F0607 F607: Develop and implement policies and procedures to prevent abuse, neglect, and theft.
Short Summary

The facility failed to follow its abuse prohibition and reporting policies when two cognitively intact residents in a relationship experienced repeated verbal and physical abuse incidents. One resident with a history of verbally aggressive behavior yelled at and belittled his visually impaired roommate, who reported being upset and wanting to change rooms, but after she recanted, the Administrator did not treat the event as an abuse allegation. Later, a CNA documented that the same resident called his roommate a severe derogatory name, but this was not recognized or reported to the Abuse Coordinator or state agency as required. On another occasion, a CNA and an MA saw the resident shove his roommate in her wheelchair into trash and dirty linen barrels, yet both stated they did not consider it abuse and did not report it. These inactions, despite clear policy definitions of verbal and physical abuse and required steps for resident-to-resident incidents, resulted in a cited deficiency and an Immediate Jeopardy finding.

Fine: $57,750
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Implement Screening Procedures Allowed Agency CNA to Work Under False Identity
F
F0607 F607: Develop and implement policies and procedures to prevent abuse, neglect, and theft.
Short Summary

The facility failed to implement its own abuse/neglect and exploitation policies requiring screening and identity verification of employees and contracted temporary staff. An agency CNA used her mother’s identity and worked multiple AM, PM, and NOC shifts on different floors under a false name, after the staffing agency uploaded valid credentials for the mother to a shared portal. The NHA reported that the facility relied on the agency’s background checks and did not request photo ID from new agency staff at orientation or before their first shift, despite a contract clause stating the facility retained its own obligations to verify credentials. Police investigating a fraudulent food order discovered that the CNA working under the assumed name did not match the photo ID on file, and the CNA admitted she was using her mother’s identity to work. During this period, a resident filed a grievance alleging that a CNA left her wet and did not perform check-and-change per the care plan, and this grievance was attributed to the CNA known by the false name. The facility did not report a suspicion of a crime to the state survey agency and made no changes to its process for verifying the identity of new agency personnel after learning of the false identity.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Investigate Allegation of Misappropriated Resident Property
D
F0607 F607: Develop and implement policies and procedures to prevent abuse, neglect, and theft.
Short Summary

Staff did not follow the facility’s investigation policy after a cognitively intact resident reported a missing tablet. The concern was recorded in the grievance log and staff searched for the item, but no thorough investigation was documented, and required interviews and reporting steps were not completed. The resident reported not receiving a response to the grievance, and the administrator acknowledged knowing about the missing tablet, speaking only with staff, and not conducting a full investigation as required by the misappropriation of property policy.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

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