Failure to Prevent Resident-to-Resident Sexual Abuse
Penalty
Summary
The Nursing Home Administrator (NHA) and Director of Nursing (DON) failed to protect residents from resident-to-resident sexual abuse, as evidenced by a resident with a known history of sexually inappropriate behavior inappropriately touching a non-consenting resident. This incident resulted in Immediate Jeopardy for five out of 67 residents. The facility's job descriptions for both the NHA and DON require them to manage the facility and nursing services in accordance with federal, state, and local regulations to ensure the highest degree of quality care and resident safety at all times. Despite these responsibilities, the NHA and DON confirmed during interviews that they did not effectively manage the facility to prevent the incident of sexual abuse. The failure to follow established policies and regulations directly led to the occurrence of resident-to-resident sexual abuse, impacting multiple residents and violating state regulatory requirements for management and nursing services.