Failure to Remove Staff from Resident Care During Abuse Investigation
Penalty
Summary
The facility failed to remove a staff member from resident care duties while an allegation of abuse was being investigated. Specifically, a certified nursing assistant (CNA) was involved in an incident with a resident who had dementia, encephalopathy, hypertension, diabetes mellitus, and end stage renal disease. During breakfast, the resident became physically aggressive, swinging arms and attempting to kick the CNA. In response, the CNA restrained the resident's arms and, when the resident attempted to bite, struck the resident in the face with an open hand to prevent being bitten. Despite the incident being reported and an investigation initiated, the CNA was not removed from resident care and continued to work during the investigation. The facility's policy required immediate removal of the alleged perpetrator from resident care pending the outcome of the investigation, but this was not followed. The administrator confirmed awareness of the incident and the decision to allow the CNA to continue working, based on the belief that there was no intent to harm.