Failure to Investigate and Respond to Allegations of Abuse and Neglect
Penalty
Summary
The facility failed to thoroughly investigate and respond to multiple allegations of abuse and neglect involving four residents. On the date in question, two certified nurse aides were alleged to have yelled at a resident during care, as reported by the resident's roommate, who also developed a headache from the incident and required pain medication. There was no documentation that the affected residents were assessed by a qualified professional following the allegations, and the incident was not promptly reported to the facility Administrator or the New York State Department of Health as required by policy. Further, another certified nurse aide reported that while providing care to a different resident, the same two aides entered the room, yelled, and used profanities, upsetting the resident. Again, there was no evidence that this resident or their roommate, who was present during the incident, were assessed by a qualified professional. Staff statements from the accused aides and other involved personnel were either missing or delayed, and there was no documentation that the accused aides were suspended from duty immediately after the allegations, as required by facility policy. The residents involved had varying degrees of cognitive impairment, with some being severely impaired and others cognitively intact. Despite clear reports from residents and staff about yelling, rough handling, and inappropriate language, the facility did not initiate timely assessments, failed to suspend the accused staff, and did not ensure that all required notifications and documentation were completed. These failures were in direct violation of the facility's abuse prevention and management policy and state regulations.