F0610 F610: Respond appropriately to all alleged violations.
D

Failure to Investigate Abuse Allegations and Injuries

Luther ManorMilwaukee, Wisconsin Survey Completed on 09-10-2024

Summary

The facility failed to conduct thorough investigations into allegations of abuse and injuries of unknown origin for two residents, R5 and R77. R5 returned to the facility from a hospitalization with a femur fracture, but the facility did not investigate the cause of this injury. The Nursing Home Administrator (NHA) indicated that the fracture was idiopathic due to age and did not occur within the facility, thus no investigation was conducted. However, the surveyor noted that the facility is required to investigate injuries of unknown origin, and the NHA acknowledged this requirement but did not provide any additional information or documentation of an investigation. For R77, an accusation of abuse was made, but the investigation was not thorough. The NHA interviewed the accused Certified Nursing Assistant (CNA) and the supervisor on duty but allowed the CNA to continue working with residents until the end of their shift and the start of a new shift the next day. There was a delay in preventing further potential abuse, and the NHA provided minimal education to the supervisor involved, with no evidence of broader staff education or resident interviews. The surveyor noted the lack of thorough investigation and documentation, as the provided resident interview sheet lacked dates, times, and signatures. Additionally, a resident-to-resident altercation involving R77 was not properly investigated or reported. The incident was documented in progress notes, but the required Department of Health Services Form was not submitted to the State Survey Agency. During the exit meeting, the NHA and Director of Nursing acknowledged the failure to report the incident and did not provide any investigation records. This lack of thorough investigation and reporting for both residents highlights deficiencies in the facility's handling of abuse allegations and injuries of unknown origin.

Penalty

Inspection fine: $103,70553 days payment denial
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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

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See other F0610 citations
Failure to Investigate Abuse and Verbal Abuse Grievances
E
F0610 F610: Respond appropriately to all alleged violations.
Short Summary

A facility failed to identify and thoroughly investigate multiple grievances alleging verbal abuse, rude and unprofessional comments, and threats of involuntary seclusion by an RN and an LPN toward several residents. The record shows repeated complaints that staff yelled at residents, blocked a resident from entering his room, and used a “time-out” approach, but the facility often interviewed only the directly involved parties, left grievance sections blank, did not document timely reporting to the administrator and SA, and did not remove the staff from direct care pending investigation.

No penalty information released
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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.
Incomplete investigation of alleged resident property misappropriation
D
F0610 F610: Respond appropriately to all alleged violations.
Short Summary

Incomplete investigation of alleged resident property misappropriation: A resident with intact cognition and diagnoses including bipolar disorder, anxiety, and intellectual disability reported that the cord to a personal refrigerator had been cut. Staff notes reflected conflicting statements about who may have damaged it, but the NHA and DON could not explain how it happened or who was responsible until surveyor inquiry. The facility could not produce documentation of a full investigation, including statements from the resident and Maintenance Director, witness interviews, staff assignment review, a written summary, or investigative findings.

Inspection fine: $16,350
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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.
Failure to investigate resident-on-resident abuse and unexplained perineal injury
D
F0610 F610: Respond appropriately to all alleged violations.
Short Summary

Failure to investigate resident-on-resident abuse and unexplained perineal injury: A cognitively intact resident reported being frightened after another resident repeatedly entered her room, grabbed belongings, and snarled at her, but leadership did not complete a formal abuse investigation. The facility also did not investigate a cognitively intact resident’s unexplained labial/perineal tear after an ER visit, despite the injury being documented as a laceration of the perineum and staff acknowledging the concern was discussed but not reported or investigated.

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 Alleged Mistreatment During Hair Grooming
D
F0610 F610: Respond appropriately to all alleged violations.
Short Summary

Failure to investigate alleged mistreatment during grooming: A resident with dementia, depression, and severe cognitive impairment was dependent on staff for grooming and hygiene. After a mat of hair was removed, the resident’s scalp was noted to be red and irritated, and staff later reported the resident was in pain after the hair was brushed out. The facility handled the issue as a grievance, but there was no documentation of a thorough abuse/mistreatment investigation, and the administrator later stated it should have been investigated as an abuse allegation.

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 Resident Property Misappropriation
D
F0610 F610: Respond appropriately to all alleged violations.
Short Summary

Failure to Investigate Allegation of Resident Property Misappropriation: A resident with severe major depressive disorder with psychotic symptoms and a cognitive communication deficit had money taken from a bank account, which was reported by the EC to the DON. The DON notified the ADM and police investigated, but the facility did not conduct its own abuse investigation, and the ADM confirmed no written investigation summary was completed or submitted to CDPH.

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 Reported Falls
D
F0610 F610: Respond appropriately to all alleged violations.
Short Summary

Failure to Investigate Reported Falls: A resident with intact cognition had two reported fall incidents, including an unwitnessed fall and a fall reported after returning from home, but neither incident was entered on the incident log. Staff and the DON stated that self-reported falls should be assessed and investigated to determine reporting needs, root cause, and whether abuse or neglect occurred, but the facility did not investigate the later fall and could not rule out abuse or neglect.

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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