Failure to Prevent and Address Resident's Sexually Inappropriate Behaviors
Penalty
Summary
The facility failed to ensure a resident was free from abuse, neglect, and exploitation, specifically by not providing appropriate interventions and services to address the resident's ongoing sexually inappropriate behaviors. The resident, a male with dementia, metabolic encephalopathy, COPD, diabetes, chronic respiratory failure, end-stage renal failure, and hypertension, had a documented history of sexually inappropriate behavior at a previous facility, including recommendations for placement in a male-only locked unit. Upon admission, the facility did not care plan for these behaviors, and staff were unaware of the resident's history, despite clinical notes indicating prior sexual aggression. The deficiency was further evidenced when the resident inappropriately touched a student visitor during an activity, an incident that was reported to the DON and Administrator. However, the facility did not conduct a full investigation, report the incident to the state agency, or notify law enforcement. Interviews with other residents and staff revealed ongoing discomfort and reports of sexually inappropriate behaviors by the resident toward both staff and other residents, which had been reported to facility leadership without effective intervention. The care plan was not updated in a timely manner, and interventions such as 1:1 supervision were inconsistently implemented and not maintained. Additionally, the facility's abuse prevention policies and staff training were insufficient to address the specific risks posed by the resident's behaviors. Staff were not in-serviced on abuse/neglect and sexually inappropriate behaviors following the incident, and there was a lack of documentation and communication regarding interventions. The facility's failure to identify, investigate, and implement effective measures to prevent further incidents placed residents and visitors at risk of harm.
Removal Plan
- The DON, Social Services Director, and designee(s) interviewed/assessed all residents for potential abuse by conducting safe surveys on each resident.
- Resident evaluated by primary care provider and provided a medication update.
- Resident will have a psych consult, medication adjustment, and follow-up as needed. Psych referral has been submitted. Psych consult provided.
- Resident will not be seated near female resident(s) at activities, dining, etc. when at all possible.
- IDT reviewed and revised care plan to identify patterns in resident's behaviors and implement interventions.
- Care plan revisions and interventions communicated to front line staff caring for resident.
- Abuse policies were reviewed/updated to include all sources of abuse, including resident to resident.
- Abuse investigation procedure and documentation process were reviewed and revised. Administrator and DON educated all staff on changes.
- Social Services Director, DON, and Administrator re-educated all staff on facility abuse policies.
- Social Services Director, DON and Administrator re-education all staff on abuse prevention and reporting.
- Corporate will in-service Director of Nursing, Social, Administrator, and ADON on abuse and neglect.
- DON and designee educated Nurse Aides and Licensed Nurses on documenting behaviors. Behavior documentation will be monitored by the Social Services Director or designee and care plans will be updated as indicated. Staff will be educated on new interventions either verbally or in written form by the Care Plan Coordinator or designee. Process will be ongoing.
- In the event of any future allegation of sexual abuse, the perpetrating resident will immediately be placed on 1:1 supervision until primary care, nursing, and psych evaluations can be complete. Outcomes of these evaluations will result in continued 1:1 supervision or the initiation of discharge planning to a facility with a focus on behavior management. Process will be ongoing.
- The DON and/or administrator will in-service the staff on proper interventions of misconduct and abuse and neglect. In-service will be ongoing.
- QAPI meeting will be held monthly, and findings discussed.
- The DON will monitor the effectiveness of interventions will be ongoing.
- A pre/posttest on abuse and neglect will be ongoing.
- The facility is still looking for proper placement of resident.
- Trainings and in-service will be provided to staff before the start of their shift, and ongoing for any PRN, new staff, or staff that has not participated in training.