Failure to Separate Alleged Abusive CNA From Resident After Abuse Report
Penalty
Summary
The deficiency involves the facility’s failure to follow its abuse prevention policy by not separating an employee accused of physical and verbal abuse from a dependent resident and other residents after an allegation was reported. On 1/6/26, two CNAs (Staff A and Staff B) reported to the Administrator that another CNA (Staff C) had told them she slapped Resident #1 across the face after he put his hands down her sweater and that she told him to keep his “fucking hands” off her. Staff A stated that Staff C had described an incident occurring on Christmas when she was wearing an “ugly grinch” sweater and Resident #1 reached down her shirt and grabbed her breast, and in response she smacked him across the face. Staff A reported that she informed an RN (Staff D) of the allegation because she was a mandatory reporter, and that Staff D responded she would have “throat punched” the resident. Staff A further reported that when she brought the allegation to the Administrator, the Administrator told her she was not believable because she was showing emotion. Staff B similarly reported that Staff C told her she refused to enter Resident #1’s room alone and that, on Christmas, while wearing a lighted Christmas sweater, Resident #1 reached down her shirt, grabbed her breast, and she slapped him across the face, using profanity to describe the event. Despite this reported allegation of abuse on 1/6/26 at approximately 4:15 PM, review of the Employee Time Cards showed that Staff C continued to work full shifts on multiple dates from 1/6/26 through 1/26/26. The Administrator verified that Staff C was not separated from Resident #1 during this period and acknowledged that the facility’s abuse policy was not followed. The written policy required immediate implementation of measures to prevent further potential abuse, including suspending or segregating the accused employee from all residents, or in rare instances allowing supervised contact only with other residents and maintaining separation from the alleged victim until completion of investigations by the facility and the Department.
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