Failure to Prevent Verbal and Mental Abuse of a Resident
Penalty
Summary
A deficiency occurred when a resident reported experiencing verbal and mental abuse from a Certified Nursing Assistant (CNA) and another staff member. The resident alleged that the CNA entered his room uninvited in a threatening manner, made inappropriate comments such as calling him 'Honey Bunny,' and referenced her father purchasing her a gun. The resident also described an incident where the CNA performed a 'hoola dance' in the hallway while pointing at him. These concerns were reported to the facility administrator, who instructed the involved staff to avoid working near the resident's unit. Despite these instructions, the resident encountered the same staff members in his hallway and reported the incident to the nurse on duty, requesting confirmation from the administrator that the staff should not be present. The resident recorded the interaction, which captured him repeatedly stating that the staff were not to be on his unit and requesting administrative intervention. The video also recorded a female voice off-camera using profanity directed at the resident as the staff walked away. Multiple staff interviews confirmed that the staff lingered in the area for several minutes after being told to leave, and there was an argument between the resident and the CNA. Facility records and emails documented the resident's repeated complaints about the CNA's behavior, including previous incidents of the CNA entering his room without permission and making inappropriate comments. The facility's abuse prevention policy defines verbal abuse as a form of mental abuse, including the use of oral or gestured communication within hearing distance of residents. The investigation concluded that profanity was used in the shared environment between the CNA and the resident, and the staff member was ultimately terminated for customer service reasons.