Failure to Implement Abuse Policy During Sexual Abuse Investigation
Penalty
Summary
Facility staff failed to follow their abuse prevention and prohibition policy when investigating an allegation of sexual abuse involving a resident who was cognitively intact and had diagnoses including UTI, fractures, and multiple trauma. The Director of Nursing (DON) did not suspend the Certified Nurse Aide (CNA) accused of abuse, allowing the CNA to continue working and have contact with residents during the investigation. The investigation report lacked documentation of suspension, physician notification, and did not include completed questionnaires or written statements from staff who worked the relevant shift. Interviews revealed that staff who were present during the alleged incident were not asked to complete questionnaires or written statements, and the accused CNA was not informed of the allegation or suspension. The resident's physician was not notified of the allegation until several days after the incident, despite being present in the facility earlier. The administrator confirmed that the DON was responsible for suspending the CNA, notifying the physician, and ensuring all relevant staff were interviewed or provided statements, none of which were completed as required by policy.