Failure to Suspend CNA During Abuse Investigation
Penalty
Summary
The facility failed to follow its abuse policy by allowing a Certified Nursing Assistant (CNA) to return to work after allegations of physical and sexual abuse were made against him, before the completion of the facility's abuse investigation. The administrator initially stated that the CNA was suspended immediately after the allegations were reported, but time records showed that the CNA worked over the weekend while the investigation was still ongoing. The facility's policy requires suspension of staff involved in abuse allegations pending the outcome of the investigation to protect residents from harm or retaliation. A resident, who was cognitively intact according to her BIMS score, reported that the CNA had pushed her and had been on top of her roommate in bed, and expressed feeling unsafe if the CNA returned to work. The social worker confirmed that the resident had made multiple allegations, including physical and sexual abuse, and that the CNA was supposed to be suspended. Despite this, the CNA was observed by the resident in the facility during the investigation period, and time records confirmed the CNA worked shifts before the investigation was completed.