Failure to Protect Cognitively Impaired Resident from Sexual Abuse
Penalty
Summary
The facility failed to protect a resident with severe cognitive impairment from sexual abuse by another cognitively impaired resident. Both individuals resided in the memory care unit and lacked the capacity to consent to sexual activity, as confirmed by medical documentation and staff interviews. The incident occurred when a CNA entered the resident's room and found both residents naked, with one resident standing over the other and engaging in thrusting motions. The CNA intervened and separated the residents, but the event was not immediately reported to the state, and there was confusion and inconsistency in the accounts provided by facility staff and administration regarding the nature of the incident. The administrator conducted an internal investigation but did not report the incident to the state, reasoning that no intercourse had occurred. Documentation of the incident, including risk assessments and family notifications, was incomplete or missing from the resident's chart. Staff interviews revealed that the normal protocol for documenting and assessing such incidents was not followed, and there was a lack of clarity and consistency in communication with the resident's family. Multiple staff members, including the CNA and LPN involved, expressed concerns about the residents' inability to consent and described the event as sexual abuse, yet the facility's response was delayed and inadequately documented. Further interviews with the resident, her family, and other staff indicated that the resident reported being raped and expressed distress about the incident. The medical director and psychiatric nurse practitioner confirmed the resident's inability to consent due to her cognitive status. The facility's staffing levels were also called into question, as only one CNA was present on the unit during certain shifts, limiting the ability to monitor residents effectively. The failure to protect the resident from abuse, promptly report the incident, and properly document and investigate the event constituted a deficiency and resulted in an Immediate Jeopardy finding.
Removal Plan
- R1 and R2 were immediately assessed for injury, changes in condition and psychosocial impact.
- R1 and R2 POAs, Police and MD were notified of the incident.
- R1 was sent to the ER for evaluation.
- R1 and R2 care plans were updated to reflect enhanced safety interventions.
- R1 and R2 had the Abuse, Neglect and Trauma assessment and Trauma Informed Care Assessment / PTSD was completed.
- The Social Services Director interviewed/assessed all residents with BIMS scores of 8 and above for potential abuse.
- All residents with a BIMs score of 7 or less were assessed using the Abuse Screening Adapted for Cognitive Impairment form.
- A hall monitor was added to the memory care unit to ensure no resident enters another resident's room.
- The Hall Monitor is a dedicated staff member and will have no other duties.
- R2 was immediately placed on a 1:1 until hall monitor was established.
- Abuse investigation procedure and documentation process were reviewed.
- DON, ADON, and Administrator re-educated all staff on facility abuse policies.
- DON, ADON, and Administrator educated all staff on the Intimate Resident Behavior, Privacy and Relationships policy updated to reflect residents within the memory care unit do not have the capacity to consent to sexual relationships.
- In the event of any future resident to resident sexual abuse, the perpetrating resident will immediately be placed on 1:1 supervision until primary care, nursing, and psych evaluations can be complete.
- Outcomes of these evaluations will result in continued 1:1 supervision or the initiation of discharge planning to a facility with a focus on behavior management.
- DON, ADON, and Administrator educated staff on the Hall Monitor duties and responsibilities and that the Hall Monitor is a dedicated individual with no other responsibilities.
- Administrator was educated by Regional Nurse on abuse policy which includes thorough investigation immediately upon receiving report or allegation of abuse.
- Emergency QAPI meeting was held where the abuse policy and intimate relations policy were reviewed along with incident and root cause analysis.
- The Social Services Director or designee will continue to interview residents with BIMs score of 8 or higher on a monthly basis to ensure they have not experienced abuse.
- All residents with a BIMs score of 7 or less will be assessed using the Abuse Screening Adapted for Cognitive Impairment form.
- Any reports of abuse will be immediately reported and investigated.
- The finding to be presented to the Quarterly QAA Committee.