Failure to Protect Resident from Sexual Abuse by Nursing Assistant
Penalty
Summary
A nursing assistant (NA), identified as Staff C, engaged in inappropriate conduct with a resident who had a history of bipolar disorder, anxiety, and adjustment disorder, but was assessed as cognitively intact with a BIMS score of 15. Staff C entered the resident's room, initiated conversation by complimenting the resident's appearance, and then lifted her own shirt to expose her chest while wearing a sports bra, stating that she too was 'sexy.' This incident was directly witnessed by another NA, Staff D, who immediately reported the behavior to the Director of Nursing Services (DNS). The facility's abuse prohibition policy defines sexual abuse as any non-consensual sexual contact, including unwanted intimate touching or exposure, regardless of the resident's cognitive status. The resident involved did not recall the incident during a surveyor interview, but statements from both Staff C and Staff D confirmed the inappropriate exposure and comments. The facility's investigation documented the sequence of events and the resident's reaction, but there was no evidence provided that the facility ensured the resident was kept free from sexual abuse as required by policy.