Failure to Investigate and Report Alleged Verbal Abuse
Penalty
Summary
The facility failed to respond appropriately to an allegation of verbal abuse involving one resident with a history of Parkinson's disease, anxiety disorder, PTSD, and depression. The resident and their representative reported that a licensed nurse used profanities and derogatory language towards the resident on multiple occasions. The resident expressed unhappiness and fear of retaliation, and the concern was also documented during an IDT care conference. Despite these allegations, the facility did not conduct a thorough or formal investigation, nor did they document any inquiry into the matter. The incident was not reported to the State Survey Agency as required, and there was no evidence that the facility followed its own abuse policy regarding investigation and reporting. Additionally, the alleged staff member continued to work scheduled shifts, including in the unit where the resident resided, while the allegations were unresolved. The facility's abuse policy mandates immediate reporting, investigation, and removal of the alleged perpetrator from resident contact until the investigation is complete. However, these steps were not taken, and there was no documentation of witness interviews or notification to the resident's family or legal representative. The lack of action left the resident at risk of continued abuse and contributed to their distress.