Failure to Protect Resident from Sexual Abuse by Staff
Penalty
Summary
A deficiency was identified when a Geriatric Nursing Assistant (GNA) was observed by another GNA and a Registered Nurse (RN) engaging in inappropriate physical contact with a resident. The staff members witnessed the GNA touching the resident's vaginal area and kissing the resident's breast. During subsequent interviews, the accused GNA stated that the resident had requested the application of barrier cream to the vaginal area due to itching, which the GNA did, and denied kissing the resident's breast but admitted to kissing the resident on the lips. The resident confirmed that they had initiated physical contact and consented to the actions, specifically requesting the application of cream, and denied that the GNA kissed her breast but acknowledged a kiss on the lips. Facility policy prohibits employees from becoming romantically or sexually involved with residents. The incident was reported and reviewed, and the GNA involved was later terminated for violating the facility's Standard of Conduct Policy. The deficiency was cited as the facility failed to ensure that the resident remained free from abuse, as required by regulations and facility policy.