Failure to Investigate Neglect and Control Hazards After Coffee Burn and Impaired Nurse Incident
Summary
The facility failed to conduct thorough and timely investigations and to implement safeguards following two separate events involving potential neglect. In the first event, a resident sustained a burn on the left thigh on 12/31/25 at approximately 3:40 PM after another resident gave the resident a cup of hot coffee, which was then spilled, resulting in blistering. Nursing documentation described a new in-house acquired skin issue on the front left trochanter, with a blister measuring 7.06 cm by 7.56 cm. Although staff cleansed the area, measured the wound, applied a dressing, and notified the medical provider, there was no documentation of interventions to prevent recurrence or to safeguard other residents who drink coffee immediately after the incident. The facility did not promptly identify or control the environmental hazard associated with resident access to hot coffee. On 1/12/26 at 7:20 AM, surveyors observed a coffee machine in the dining area that was accessible to residents, labeled out of service but still plugged in and operational. The State Agency was able to obtain hot coffee from the machine without staff assistance or intervention while residents were present in the dining area, and no staff were observed supervising or restricting resident access. No physical barriers were in place to prevent resident use of the machine despite the posted signage. The DON confirmed that no immediate interventions were implemented to safeguard other residents who drink coffee between the time of the burn on 12/31/25 and 1/6/26, and did not describe interviewing residents who drink coffee, reviewing procedures to check coffee temperatures, or assessing environmental risks related to access to hot liquids. In the second event, the facility failed to thoroughly investigate and respond to an impaired nurse who was responsible for resident care and medication administration. On the 12/29/25 7:00 PM–7:00 AM shift, an LPN on Station B appeared impaired, repeatedly fell asleep standing up and at the med cart, cried loudly, and was described by CNAs as half out of it, with legs giving out and requiring a chair placed behind her. Camera footage reviewed by the DON showed the nurse swaying, almost falling, stumbling, staring at the med cart and medication cards for extended periods, and falling asleep at the med cart in the dining room while a resident was present. CNA statements indicated that residents repeatedly called for their medications, that the nurse did not complete the med pass, and that no one received medications for a period, while the nurse remained on duty until approximately 3:00–3:30 AM. Medication Administration Audit Reports for Station B showed 25 residents with medications documented as missed and 5 residents with medications documented as administered late during this time frame. The DON was notified at approximately 1:30 AM by another LPN that the nurse on Station B was unable to complete the med pass and kept falling asleep, but the DON only verbally confirmed with the reporting nurse that residents had received their medications and did not verify this by reviewing Medication Administration Records, Medication Audit Reports, or interviewing residents. The DON did not describe reviewing all events leading up to and following the incident to determine root cause or to prevent recurrence. The Administrator acknowledged awareness of the impaired nurse incident and that the nurse remained on duty until a replacement arrived about eight hours after the start of the shift, but he did not review MARs, Medication Audit Reports, or other documentation to verify whether medications were administered accurately and timely. The facility’s own investigation documents and counseling/discipline report for the impaired LPN noted that the nurse did not complete the med pass and only gave medications to two residents, yet there was no evidence of a comprehensive investigation consistent with the facility’s Abuse Investigation and Reporting policy, which requires thorough review of documentation, medical records, interviews with residents and staff, and review of all events leading up to the alleged incident. The Administrator and DON both confirmed that they did not initiate formal investigations consistent with facility policy for either the coffee burn or the impaired nurse incident. For the coffee burn, the Administrator stated he was not aware of the incident until six days after it occurred and confirmed there were no immediate interventions to safeguard other residents who drink coffee or to assess environmental risks related to access to hot liquids immediately following the incident. For the impaired nurse, the Administrator acknowledged he relied on being told that residents had received their medications and did not independently verify medication administration accuracy or timeliness. These actions and inactions resulted in the facility failing to investigate alleged neglect, failing to prevent further potential neglect, and allowing unsafe conditions to continue for residents with access to hot coffee and for all residents on Station B under the care of the impaired nurse.
Removal Plan
- Coffee machines were removed out of service by the Maintenance Director.
- Individual pots of coffee will be made in the kitchen and temperatures of the pots will be monitored by the Dietary Department to ensure that the coffee served is at or below 140 degrees Fahrenheit.
- Coffee temperature logs were created to document the staff member who tested the coffee temperature and the time/date.
- Coffee temperature logs will be turned into the Administrator daily.
- All staff will be trained prior to their next scheduled shift; no staff will be allowed to work until completion of training provided by the Administrator, DON, and Staff Development Nurse.
- Staff training topics include: Accidents and Supervision (including implementing immediate interventions); Abuse and Neglect Reporting and Investigation; Hot Liquids Policy; Notification of Administrator and DON of unusual occurrences/high risk events and timely notification; Charge Nurse Delegation and Duties (including assignment of charge nurse by the Scheduling Coordinator and Staff Development Nurse and notification process if assigned charge nurse calls off); Medication Administration Documentation.
- DON and Administrator phone numbers are posted on the Facility Assignment Grid.
- In the event that the charge nurse is impaired, the DON and Administrator will be contacted.
- Facility Assignment Grid was updated to include assignment for designated charge nurse.
- All residents were evaluated for safety with hot liquids by the DON, Resident Care Coordinators, and RNs.
- Administrator and DON were inserviced by the Director of Operations on conducting thorough investigations including root cause analysis and timely reporting to the State Agency.
- Facility Assessment was updated by the Administrator to include a contingency plan for absence of supervisory nursing staff and to identify staffing needs by shift and building.
- Assignment Grid was updated to reflect who the Charge Nurse would be each shift.
- Scheduler and Staff Development Nurse were inserviced by the DON on the new Assignment Grid and Charge Nurse Delegation.
- Scheduler and/or Staff Development Nurse will designate on the Assignment Grid who the charge nurse will be.
- All resident records were reviewed for adverse effects from missed medication by the Corporate RNs with none found.
- Emergency Quality Assessment and Assurance Committee meeting was held with interdisciplinary attendance and the Medical Director present via telephone.
- The Hot Liquid Policy, Medication Administration Policy, and Sufficient Nursing Policy were reviewed with no changes recommended or made.
- The incident summary was discussed with actions taken including training and monitoring.
- Attorney General Office and the Mississippi Board of Nursing were notified by the Administrator regarding the incident involving LPN #1.
- LPN #2 was reported to the agency she works for and is not allowed to work at this facility.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Failure to Investigate Allegation of Misappropriation: A resident with COPD, anxiety, and PTSD reported $1,600 missing and believed another resident had taken the money, but the SSD told him it was too late to investigate. The grievance record and reporting portal contained no misappropriation report for the resident, and the CNO recalled hearing about missing funds from a family member but did not follow up, while the CEO stated the allegation should have been reported and investigated.
The facility failed to complete a thorough investigation after a resident sustained a 7 cm penile laceration associated with a condom catheter. The resident had a stroke, contractures, cognitive communication deficit, and non-healing pressure ulcers, and the incident record lacked a full investigation or staff statements to determine the root cause and rule out abuse or neglect.
Incomplete Abuse Investigation: The DON investigated an allegation that a resident with dementia, depression, and a prior femur fracture was treated roughly during a shower, but only interviewed one CNA named on the abuse report. Another CNA was also assigned to the resident and documented providing the shower, yet was not interviewed, and no other residents cared for by either CNA were interviewed. The facility's abuse policy required thorough investigation, including staff and resident interviews, and the DON stated the policy was not followed.
Incomplete Investigation of Alleged Staff-to-Resident Sexual Abuse: The facility failed to thoroughly investigate an allegation that a CNA raped a resident during incontinence care. The resident, who had intact cognition and significant medical diagnoses, reported genital and anal touching and later said embarrassment affected how they described the event. The record lacked a written or recorded resident statement, and the facility concluded abuse did not occur based on conflicting accounts rather than documenting a comprehensive investigation of all evidence.
The facility failed to thoroughly investigate two resident abuse allegations. In one case, an altercation with a scratch injury was recorded as an accident/incident, but the final report had no abuse conclusion and the Abuse Coordinator did not interview the residents, observe the injury, or document staff witness statements. In another case, the final report also lacked a conclusion, interview notes could not be produced, and CNAs who were present or witnessed the altercation were not interviewed despite progress notes showing CNA presence.
Failure to Thoroughly Investigate Allegations of Neglect and Possible Abuse: A resident with significant care needs alleged a CNA left her on a bedpan too long, spilled urine/feces in bed, and performed an unsafe hoyer transfer, while another resident was heard screaming during a one-person hoyer transfer. The facility did not complete a thorough abuse/neglect investigation because it did not interview the second resident, other potentially affected residents, or assess non-interviewable residents.
Failure to Investigate Allegation of Misappropriation
Penalty
Summary
The facility failed to ensure an allegation of misappropriation was investigated as required for Resident #23, who was admitted with diagnoses including COPD, anxiety, and PTSD. Resident #23 stated that approximately two months earlier he reported $1,600.00 missing to the SSD and told the SSD he believed another resident had taken the money. He reported that when he explained the incident had occurred about one and a half months earlier, the SSD told him it had been too long ago to investigate. Review of the facility grievance records from February 2026 through June 2026 showed no documented allegation of misappropriation involving Resident #23, and review of the Long-Term Care Reporting Portal showed no report of misappropriation involving him. The CNO stated she recalled a family member mentioning Resident #23's missing funds but did not ask further questions, and the CEO stated the allegation should have been reported and investigated for potential misappropriation.
Incomplete Investigation of Penile Laceration
Penalty
Summary
The facility failed to conduct a thorough investigation to rule out the potential for abuse or neglect for one resident after a penile laceration was identified in connection with a condom catheter. The resident had diagnoses including stroke, contractures, cognitive communication deficit, and non-healing pressure ulcers of the buttocks and coccyx, and the condom catheter had been used to decrease moisture and help prevent worsening of the coccyx/buttocks wound healing. During review of the incident, the resident was found to have a 7 cm laceration of the penis from the condom catheter. The catheter had become dislodged during an assessment when the nurse aide noted low urine output, and the nurse supervisor later had an LPN reapply a new condom catheter. The facility’s incident documentation did not include a full investigation or staff statements to identify the root cause of the laceration and rule out abuse or neglect, and the Nursing Home Administrator confirmed that the investigation was not completed thoroughly.
Incomplete Abuse Investigation
Penalty
Summary
The facility failed to thoroughly investigate an allegation of abuse involving one resident who was admitted with diagnoses including a right femur fracture, difficulty walking, dementia, and depression. The resident reported that a CNA who assisted with her shower was "very rough," had "pushed me around," and became "nasty" when questioned. The allegation was documented in the facility's incident report and reported on the SOC 341 as suspected dependent adult/elder abuse. The DON stated she investigated the allegation and interviewed only CNA 1 because CNA 1 was named on the SOC 341 report and was believed to be involved based on staffing. However, the record showed CNA 2 was also assigned to the resident and documented that she showered the resident on the date of the alleged incident. CNA 2 was not interviewed, and no other residents cared for by CNA 1 or CNA 2 on that date were interviewed. The facility's policy required all allegations to be thoroughly investigated, including interviews with staff on all shifts who had contact with the resident and interviews with other residents cared for by the accused employee, and the DON stated the policy was not followed.
Incomplete Investigation of Alleged Staff-to-Resident Sexual Abuse
Penalty
Summary
The facility failed to conduct a thorough investigation of an allegation of staff-to-resident abuse for 1 of 1 residents reviewed for abuse. The resident, who had diagnoses including obstructive and reflux uropathy and hemiplegia and hemiparesis following cerebral infarction, was documented as having intact cognition. The allegation involved a CNA during incontinence care, and the resident reported that the CNA raped them and touched and rubbed their genital and anal area, causing them to feel unsafe in the facility. The facility’s investigative record did not include a written or recorded statement from the resident detailing the allegation, limiting the ability to objectively investigate the complaint. The facility’s accident/incident report documented that the resident told an LPN they had been raped, and an RN supervisor noted redness in the perineal area during assessment. However, the report also stated the facility concluded abuse did not occur because the resident gave conflicting statements, rather than documenting a comprehensive investigation of all available evidence. Additional statements in the record showed the resident later explained they felt embarrassed and ashamed when law enforcement and a male nursing supervisor were present, which affected how they described the event. The CNA stated they provided incontinence care and applied ointment, but denied doing anything beyond what was requested. The DON stated the facility obtained a statement from the resident, while the RN supervisor stated no statement was obtained or documented from the resident.
Incomplete Abuse Investigations and Missing Conclusions
Penalty
Summary
The facility failed to thoroughly investigate allegations of abuse involving two separate resident altercations. For one incident involving two residents, the final Facility Reported Incident classified the event as an accident/incident rather than resident abuse, even though the report documented an alleged altercation and that one resident sustained a scratch on the right cheek requiring first aid. The final form did not include a conclusion stating whether abuse or assault did or did not occur. During review of the investigation file, the Administrator, who was also the Abuse Coordinator, could provide only the initial and final reports submitted to the state survey agency and could not provide additional evidence such as staff interviews, witness statements, or documentation of observations after the alleged abuse. She stated she did not interview either resident, did not observe the injured resident’s scratch, and only spoke with the ADON and an RN, both of whom said they did not witness the altercation. She also did not attempt to interview a CNA she believed may have pulled the injured resident from the other resident’s room, and there was no documentation showing staff interviews were completed. The injured resident’s EHR also did not show documentation of the scratch assessment, appearance, treatment orders, or any documentation that the abuse with injury occurred. A second altercation between two other residents was also not thoroughly investigated. The Administrator and DON provided only the initial and final reports and resident face sheets, and the final report did not include an investigation conclusion. Although the Administrator stated she had completed all interviews before submitting the final report, she could not produce handwritten interview notes or other investigation documentation. One resident said he discussed the incident with staff present at the time, while another resident could not recall the altercation. A CNA stated she was present during the incident and was never interviewed, and another CNA stated he witnessed the incident and reported it to the ADON but was never interviewed by the Administrator. Progress notes for both residents documented CNA presence during the altercation, yet the Administrator stated she did not interview any CNAs because she was told none were present. The facility policy required prompt and aggressive investigation of all abuse allegations, including interviews of the reporter, anyone with direct knowledge, and the resident if interviewable, and required the final report to contain a conclusion based on known facts.
Failure to Thoroughly Investigate Allegations of Neglect and Possible Abuse
Penalty
Summary
The facility did not thoroughly investigate allegations of abuse and neglect involving two residents. One resident, who had complex regional pain syndrome, mononeuropathy, muscle wasting and atrophy, pruritus, and required assistance with personal care, submitted a written grievance stating that a CNA left her on a bedpan for over an hour, questioned her about re-wearing a soiled brief, spilled the bedpan in bed, attempted a hoyer transfer without ensuring the sling was properly secured, and did not clean her skin after she had lain on a wet pad. The resident and her representative described the event as neglect, and the facility’s self-report also documented the allegation as neglect. A second resident, who had rheumatoid arthritis, polyneuropathy, non-[NAME] lymphoma, osteoarthritis, and dependence on enabling machines and devices, was heard screaming from behind a closed bedroom door while a CNA was transferring her alone with a hoyer lift. Staff reported hearing the resident yell, "Help me" and "Oww," and when they entered the room they found the resident in the lift and sling, leaning to one side, while the CNA was unhooking her. The resident’s care plan required two staff for bed mobility, toileting, and hoyer transfers. The facility’s investigation did not include a statement or interview from the second resident, did not include interviews of other residents cared for by the CNA during the shift, and did not include skin assessments of non-interviewable residents who may also have been affected. Facility leadership later stated the investigation was not thorough and should have included those interviews and assessments. The acting administrator also stated that hearing a resident screaming behind a closed door would make her suspicious of abuse, and that the incident should have been investigated as an additional allegation involving the same CNA.
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