Failure to Protect Resident from Sexual Abuse by Staff
Penalty
Summary
A deficiency occurred when the facility failed to protect a resident's right to be free from sexual abuse by staff. The incident involved a cognitively intact resident with diagnoses including heart failure, DVT, hypertension, depression, and bipolar disorder. The facility's records indicated that a certified nursing assistant (CNA) was found to be missing from their assigned area for 45 minutes during a shift and was discovered to have been providing care to the resident on a hall where they were not assigned. An investigation substantiated that an oral sex interaction occurred between the CNA and the resident. The failure to ensure the resident's safety and prevent unauthorized staff access led to the substantiated incident of sexual abuse. The facility's lack of adequate supervision and monitoring of staff assignments contributed to the occurrence of the abuse, as the CNA was able to interact with the resident without detection for a significant period of time.