Failure to Prevent and Investigate Resident-to-Resident Abuse
Penalty
Summary
The facility failed to provide evidence that all alleged violations of abuse, neglect, exploitation, or mistreatment were thoroughly investigated and that further incidents were prevented during the investigation process. Specifically, three residents were involved in multiple altercations, both verbal and physical, with one resident repeatedly instigating arguments, making inappropriate comments, and engaging in physical aggression toward other residents. Despite documented behavioral issues and previous incidents, the facility allowed the alleged perpetrator to remain in the facility and have direct contact with other residents, including those who had previously been involved in altercations with him. The records show a pattern of behavioral problems, including verbal aggression, inappropriate touching, and physical altercations involving the same resident. This resident had a history of mental health diagnoses, including bipolar disorder and impulse disorder, and had been the subject of multiple care plan interventions and counseling referrals. However, the interventions implemented were not sufficient to prevent further incidents, as the resident continued to have direct contact with others and was involved in additional altercations, including kicking another resident and engaging in fights during smoke breaks and in the dining area. Other residents and staff reported ongoing issues with this resident, describing him as an instigator who frequently caused disruptions and conflicts. The facility's documentation and interviews indicate that, although some assessments and care plan updates were made following incidents, there was a lack of effective action to prevent further abuse or mistreatment while investigations were ongoing. The facility did not ensure the separation of the alleged perpetrator from potential victims, and there was insufficient evidence of thorough investigation or immediate protective measures. This failure resulted in an Immediate Jeopardy situation, as residents remained at risk for further harm due to the continued presence and actions of the resident with a history of aggressive and inappropriate behavior.
Removal Plan
- All staff in-serviced by Executive Director of Operations/Director of Clinical Operations and/or designee on Prevention, Identification and Reporting/Investigation of Abuse. All staff not present at time of in-service will not be permitted back to work until in-service is complete.
- The Executive Director of Operations/Director of Clinical Operations were in-serviced by the Regional Director of Clinical Operations on Prevention, Identification and Reporting/Investigation of Abuse.
- Resident #3 was placed on one-to-one monitoring.
- Discharge Planning initiated to family for Resident #3. Family agreed by phone to discharge resident to their care. Resident remained on one-to-one monitoring until discharge.
- Safe Surveys were conducted by Director of Resident Support Services and/or designee with all residents cognitively able to participate. Action taken based on survey results included: Resident #3 was on one-on-one monitoring; resident with wound care concern no longer in facility; resident who reported CNA roughness was reinterviewed, care plan and tasks updated, and one-on-one in-service to be completed with CNA.
- All residents identified as at risk for physically aggressive behaviors were reviewed by the Clinical Resource Coordinator/Assistant Director of Clinical Operations to ensure they had an accurate care plan, appropriate interventions and appropriate Psych Services or Counseling Services.
- The Director of Clinical Operations/Assistant Director of Clinical Operations/Executive Director of Operations will monitor EMR documentation including the 24-hour report, incident reports and alerts, and Grievances to identify potential abuse or situations requiring further investigation during morning meeting.
- Abuse allegations will be reported and investigated according to company policy and THHS regulations.
- Potential abuse or situations requiring further investigation will be documented on a Grievance form.