Failure to Obtain and Document Accused Staff Statement in Abuse Investigations
Penalty
Summary
The facility failed to ensure a thorough investigation was completed and documented after being made aware of two separate allegations of resident abuse by the same Certified Nurse Aide (CNA). On the morning in question, the first allegation involved a resident reporting that the CNA directed profanity at them during care, with the incident witnessed by the resident's roommate. The facility's policy required that an initial investigation be initiated within 24 hours, including documentation of witness interviews. However, there was no documentation that the accused CNA was interviewed or that a written witness statement was obtained regarding the first allegation. Shortly after the first report, a second allegation of abuse involving the same CNA and another resident was made. At this point, the CNA had already been instructed to leave the facility pending investigation. Despite being notified of the second allegation, facility leadership did not reach out to the CNA for a statement or interview regarding the second incident. Interviews with staff and review of records confirmed that no documentation existed to show that the accused CNA was interviewed about the second allegation, as required by facility policy.