Failure to Immediately Restrict Staff Access Following Abuse Allegation
Penalty
Summary
The facility failed to implement its policy regarding the immediate restriction of staff access to residents following an allegation of abuse. A resident with severe cognitive impairment, multiple comorbidities including COPD, dementia, depression, and CHF, and who was dependent on staff for all activities of daily living, made an allegation of sexual abuse against a staff member. The allegation was reported to the LPN and subsequently to the DON, who instructed that the accused staff member be removed from the resident's assignment and reassigned to another hall, rather than being immediately suspended and sent home as required by facility policy. Despite the policy requiring immediate suspension of the alleged perpetrator to prevent further interaction with the resident, the staff member continued to work the remainder of the shift on a different hall, which still allowed potential access to the resident. Multiple interviews with facility staff, including the Staff Coordinator, Social Services Director, and the DON's proxy, confirmed that the expectation was for immediate suspension and removal from the premises, which did not occur. Documentation showed that the staff member was not suspended until the following morning, several hours after the initial allegation was reported. The resident expressed feeling safer after learning that the staff member was no longer employed at the facility and reported previous pain during peri-care provided by the accused staff member. The facility's own policies on abuse prevention and resident rights were not followed, as the alleged perpetrator was not immediately removed from the facility, thereby placing the resident at continued risk during the investigation period.