Failure to Protect Residents from Abuse, Exploitation, and Intimidation by Staff Member
Penalty
Summary
The facility failed to protect residents from abuse, neglect, and exploitation, as evidenced by multiple incidents involving the Business Office Manager (BOM). The BOM, who also served as a resident's Power of Attorney (POA), attempted to withdraw $7,208.42 from the resident's facility account. The attempt was prevented by staff, and the resident, who was cognitively intact and able to make financial decisions, was informed of the situation and did not consent to the withdrawal. The BOM was an employee at the time of the attempted exploitation. Additionally, the BOM was reported to have yelled at staff members on multiple occasions in areas accessible to residents, including the front lobby and common areas. These incidents were witnessed by residents and confirmed by staff and the facility administrator. The administrator provided examples of the BOM's aggressive behavior, including yelling in the presence of residents and family members, which caused visible fear among those present. The Ombudsman also reported being intimidated by the BOM during an encounter in the facility's lobby. Residents expressed fear of retaliation due to the BOM's connections to tribal leadership, with some stating they were afraid of being removed from the facility if they reported the BOM's behavior. Both residents interviewed did not report their concerns to anyone for fear of retaliation. The administrator confirmed that both staff and residents were afraid of the BOM and her family ties, contributing to an environment where residents felt unsafe and unable to report abuse or mistreatment.