Failure to Complete Background Check Allows GNA with Criminal History to Abuse Resident
Penalty
Summary
The facility failed to ensure a complete criminal background check was conducted for an agency GNA prior to allowing the individual to provide care to residents. Specifically, the GNA in question had a history of criminal convictions for assault and sexual assault, which was not identified due to an incomplete background check provided by the agency and overlooked by the facility's HR. As a result, the GNA was permitted to work in the facility and provide direct care to vulnerable residents, including one resident who was dependent on staff for toileting due to a history of cerebral infarction (stroke). This deficiency led to an incident in which the resident alleged that the GNA engaged in sexual abuse during care, including unwanted physical contact and sexual advances. The resident reported significant psychosocial harm, including distress, nightmares, and increased withdrawal following the incident. The facility's documentation and staff interviews confirmed that the background check was incomplete and that the incident was reported to authorities, with the GNA subsequently facing criminal charges and incarceration.