Failure to Protect Cognitively Impaired Resident From Sexual Abuse and Inadequate Investigation
Summary
The deficiency involves the facility’s failure to protect a cognitively impaired resident from sexual abuse by another resident and to follow its own abuse and sexual abuse investigation policies. Resident 1, who had dementia and a BIMS score of 7 indicating severe cognitive impairment and impaired judgment and decision-making capacity, shared a bathroom with Resident 2, who had intact cognition with a BIMS score of 14. On one evening, a nurse aide (Employee 1) observed Resident 1 in the shared bathroom unlocking and slightly opening the door to Resident 2’s room, which was described as a habitual signal that she was finished using the bathroom. Resident 2 opened his door, leaned toward Resident 1, and kissed her on the lips. Employee 1 immediately removed Resident 1 from the bathroom and notified the RN Supervisor. The facility’s investigation documented this event and noted that Resident 2 later stated, “She is my friend. Who cares if we kissed.” Following this initial incident, staff reported ongoing concerning behaviors by Resident 2 toward Resident 1. Employee 1 stated that she and another nurse aide frequently remained in Resident 1’s room to ensure her safety because Resident 2 continued to sit outside Resident 1’s room and stare at her in common areas. Facility documentation showed that the inside door to Resident 2’s side of the shared bathroom was locked and a bedside commode was provided to limit his access to the shared bathroom, and that the facility attempted to relocate Resident 2 but he declined. The Nursing Home Administrator acknowledged that Resident 1 was not relocated after the first incident due to concern that a move would increase her confusion, and Resident 1 was not offered a room change despite her cognitive impairment. Progress notes documented that Resident 2 exited Resident 1’s room after a visit with her and her family and that he later argued with staff, felt he was being watched, and could not be redirected. Social Services met with Resident 2 and documented that he reflected on past interactions with Resident 1 and was instructed not to enter her room or allow her into his room. A subsequent, more serious incident occurred when Employee 3 and Employee 4, both nurse aides, were conducting rounds after midnight and found Resident 1 missing from her bed, with her wheelchair empty and next to the bed. They found the shared bathroom door locked from the inside and, due to the known prior history between the residents, proceeded to Resident 2’s room. There, they observed Resident 1 lying naked in Resident 2’s bed while Resident 2 was touching her vaginal area, with her legs open. Employee 3 later clarified in interview that she observed Resident 2’s fingers inside Resident 1’s vagina and that she yelled for the supervisor, at which point Resident 1 went to the bathroom, dressed, and wiped herself. Both aides documented that Resident 1 complained of vaginal pain and was observed checking herself in the bathroom. The facility’s investigative documentation recorded that both residents stated they had been talking, that the facility determined there was no evidence of penetration, and that no further assessment was completed at that time. The Nursing Home Administrator stated Resident 1 was not sent to the emergency department for evaluation despite facility policy indicating the need for evaluation following suspected sexual abuse. Despite these events and the facility’s own policy defining sexual abuse as non-consensual sexual conduct and requiring investigation and protection when a resident may lack capacity to consent, the facility did not fully investigate or rule out sexual abuse and did not implement timely and effective interventions to prevent further contact between the two residents. Employee 3 reported that staff were aware of multiple prior incidents, including Resident 2 being found in the bathroom with Resident 1 on multiple occasions and an additional incident where Resident 2 was found caressing Resident 1’s breast. Employee 1 reported that even after the January 11 incident, the two residents were still found unattended together multiple times, and at the time of her interview, they were alone together in the chapel, which the surveyor confirmed. Resident 2 acknowledged spending time alone with Resident 1 and described her as infatuated, while recognizing her dementia diagnosis. Resident 1’s care plan did not include 15-minute safety checks until days after the sexual abuse incident, and the safety check documentation for both residents was incomplete or delayed, with later-added entries and signatures that conflicted with the original records. The Director of Nursing could not explain why incomplete safety check records were later supplemented. Staff reported observable changes in Resident 1’s behavior after the incident, including staying awake later than usual and appearing fearful when using the bathroom, frequently looking toward the doorway previously used by Resident 2. These failures led surveyors to determine that the facility did not ensure Resident 1 was free from sexual abuse by Resident 2 and did not follow its abuse policies, resulting in Immediate Jeopardy to residents’ health and safety.
Removal Plan
- Provide staff education on facility abuse policies, including allegations of sexual abuse.
- Provide education to nurse aides and licensed nurses on documenting resident behaviors.
- Monitor documentation of resident behaviors and update resident care plans as needed.
- Continue education prior to each licensed staff member’s next shift.
- Immediately place the perpetrator and victim on 1:1 supervision in the event of sexual abuse.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
A CNA aggressively slapped and grabbed a resident’s wrist during lunch feeding assistance, then roughly pulled the resident’s hand off his shirt sleeve after she had grabbed it. The CNA had prior disciplinary actions, including a previous feeding incident in which a resident choked and required the Heimlich maneuver. A nurse later assessed the resident and found no bruises or cuts.
A facility failed to protect two residents from resident-to-resident physical abuse. In one incident, a resident with dementia and cognitive impairment was struck during a dispute over TV volume and responded by scratching the other resident. In another, a resident with dementia and physically aggressive behaviors scratched a roommate’s face, leaving superficial marks. Staff interviews and clinical records confirmed both altercations and the resulting injuries.
A resident with a left ankle fracture, muscle weakness, and total-assist transfer needs was supposed to receive 2-person assistance and remain NWB on the left leg. Instead, a nurse aide transferred the resident with only one staff member during a toilet-to-wheelchair transfer, and the resident heard a pop and developed increased pain. X-ray and hospital imaging confirmed fractures of the distal R tibia and fibula, and the facility substantiated neglect for not following the care plan.
Failure to Protect Resident from Repeated Room Intrusions: A cognitively intact resident with depression and hip OA was repeatedly frightened when another resident with dementia and wandering behaviors entered her room, took belongings, and could not be reliably redirected. Staff used a stop sign banner and other barriers, but the other resident continued to enter the room, and the resident became so fearful that she requested discharge before completing her therapy goals.
Failure to protect a resident from alleged physical abuse: A resident with COPD, speech disturbances, and dysphagia reported that an LPN pushed them in the chest during med pass after they refused meds, causing them to fall. The resident had no visible injuries, but the report was documented by nursing staff and the NP, and the resident later reiterated by writing/gestures that the LPN pushed them. The LPN denied pushing the resident and described the contact as accidental, while the facility concluded there was no evidence of abuse.
A resident-to-resident sexual abuse allegation was not thoroughly investigated, and the resident was not promptly protected or monitored after the allegation. In a separate issue, a handwritten sign with personal care instructions was posted above another resident's bed, and an RT, LPN, RN, and CNA all acknowledged it was a privacy and dignity concern and against facility policy.
Failure to Protect Resident from Abuse During Feeding Assistance
Penalty
Summary
The facility failed to ensure a resident’s right to be free from abuse during lunch assistive feeding. While standing about 3 feet from the lunch table, the surveyor heard a CNA aggressively slap Resident #56’s left wrist and observed the CNA grab the resident’s left wrist and roughly pull her hand off of his shirt sleeve after she had grabbed it. The surveyor then continued observing the meal and later reported the incident to the DON and Administrator. Resident #56 was assessed by a licensed nurse after the incident, and no bruises or cuts were found on her wrists. The CNA involved had been hired by the facility in 2024, had signed the facility’s Resident Abuse Procedural Summary, and had attended behavior training in 2026. The CNA also had three prior disciplinary actions, including a prior incident in which a resident choked after being given too large a bite during assistive feeding and required a Heimlich maneuver.
Failure to Protect Residents from Resident-to-Resident Physical Abuse
Penalty
Summary
The facility failed to ensure two sampled residents were free from physical abuse by other residents. One resident with dementia, anxiety, chronic pain, visual hallucinations, and moderate cognitive impairment was involved in an altercation with a roommate after a disagreement about TV volume. The incident escalated when the roommate attempted to take the TV remote and struck the resident with an open hand, and the resident responded by scratching the roommate. The record also documented a new scratch on the resident’s left hand and later noted that the resident no longer wanted to share a room with the other resident. The other incident involved a resident with dementia and significant cognitive impairment who had a behavior care plan for impaired safety awareness and physically aggressive behaviors. The record stated that the resident clawed a roommate in the face, leaving superficial scratches and red marks on the roommate’s chin and cheek. The roommate’s record reflected ongoing monitoring for scratches to the chin and neck, and the roommate stated that the other resident reached up and ran fingernails across her face while they were getting up for breakfast. Facility documentation and staff interviews confirmed both resident-to-resident incidents. Staff described the first event as a physical altercation triggered by conflict over TV volume, and the second as an incident in which one resident scratched another resident’s face. The DON stated the facility investigated and reported the incidents, and also acknowledged that the documentation surrounding the second event was inconsistent and did not meet expectations or policy. The cited deficiency was based on the facility’s failure to ensure the residents were protected from physical abuse by other residents.
Failure to Follow Two-Person Transfer Plan Resulted in Resident Fractures
Penalty
Summary
The facility failed to protect a resident from neglect when staff did not follow the resident’s individualized transfer plan requiring assistance from two staff members. The resident was admitted with a left lower leg trimalleolar fracture, polyosteoarthritis, and muscle weakness, and the MDS indicated the resident was cognitively intact but required total assistance for transfers and toileting. The comprehensive care plan and physician orders both directed staff to provide two-person assistance for transfers and to maintain non-weight-bearing status on the left lower extremity. During a transfer from the toilet to a wheelchair, one nurse aide assisted the resident without a second staff member. According to the documentation, the resident stood without difficulty, but during the pivot transfer the resident’s right foot turned inward and both the resident and the aide heard a loud pop. The resident immediately reported increased pain. Later that day, x-ray findings identified an acute fracture of the right tibia, and the resident was transferred to the hospital emergency department for further evaluation and treatment. Hospital imaging confirmed fractures of the distal right tibia and fibula, and the resident was scheduled for surgical repair. The facility’s investigation determined that the aide transferred the resident with only one staff member despite the care plan and physician order requiring two staff members, and that this failure directly resulted in the resident sustaining the fractures. The facility substantiated caregiver neglect and terminated the employee following the investigation.
Failure to Protect Resident from Repeated Room Intrusions
Penalty
Summary
The facility failed to protect a cognitively intact resident with osteoarthritis of the right hip and major depressive disorder from mental abuse by another resident. The resident was admitted as a vulnerable adult and her care plan identified a goal of being free from abuse, neglect, or financial exploitation, but it did not include interventions to protect her from abuse. The resident later reported that another resident repeatedly entered her room, scared her, and took belongings, and she asked staff to contact her lawyer. She also began using a stop sign banner across her door and later barricaded her room with a walker, closet door, and bedside table because she was afraid of the other resident. The other resident had moderate cognitive impairment, vascular dementia with agitation, and Alzheimer’s disease, and his care plan documented restlessness, agitation, sundowning, wandering into other residents’ rooms, and urinating in public. Progress notes showed repeated episodes of wandering into other residents’ rooms, difficulty with redirection, aggression toward staff, and disruptive behavior in resident rooms. Notes also documented that he entered the affected resident’s room on multiple occasions, and staff observed that he could move barriers out of the way and continue entering the room despite attempts to block access. Staff interviews confirmed that the resident was very scared of the other resident and that the repeated room intrusions continued over several days. Staff stated that stop sign banners did not stop him, closed doors did not stop him, and that it often took two or more staff to remove him from rooms. The resident requested discharge from the facility and left before reaching her maximal level with therapy services. Therapy documentation stated she was improving but still needed higher-level therapy before discharge, and the therapy director stated her early discharge was because she could not remain in the facility due to the other resident coming into her room. Facility records also showed staffing levels that were below the facility assessment on several shifts, and the assignment sheets did not identify a staff member assigned to 1:1 observation for the wandering resident.
Failure to Protect Resident from Alleged Physical Abuse
Penalty
Summary
The facility failed to ensure that a resident was free from physical abuse when a nurse allegedly made physical contact with the resident during medication administration. Resident #7, who had diagnoses including COPD, speech disturbances, and dysphagia, had intact cognition on the MDS dated 03/18/2026 and was care planned as at risk for misappropriation, neglect, abuse, and/or exploitation. On 04/08/2026, the resident reported to the RN supervisor that an LPN pushed them in the chest after they refused medications, causing them to fall to the floor. The resident was assessed and no visible injuries were noted. The resident’s report was documented in nursing and medical progress notes, and the facility’s investigation recorded that the resident was visibly upset while describing the incident. The LPN denied the allegation and stated that any contact was accidental, describing that the resident was close behind them as they left the room and that the resident’s chest contacted their back or shoulder. The RN supervisor, DON, and NP each documented interviews and assessments in which no bruising, swelling, or visible injury was found, and the resident later communicated by writing and gestures that they had told the LPN to leave the room and that the LPN pushed them in the chest and they fell. The facility concluded there was no evidence of abuse, neglect, exploitation, or mistreatment, despite the resident’s allegation and the conflicting accounts from the LPN and resident. The RN supervisor stated law enforcement was notified and police interviewed the resident and the LPN, but no report was filed. The DON later stated the contact was accidental and that the resident’s reporting was inconsistent regarding whether a fall occurred.
Failure to Protect Resident from Abuse and Maintain Privacy
Penalty
Summary
The facility failed to ensure a resident was free from abuse when a resident-to-resident sexual abuse allegation was not thoroughly investigated and the resident was not promptly protected or monitored after the allegation. The report states this involved 1 of 52 sampled residents, Resident 45, and that the deficient practice had the potential to place the resident at risk for continued abuse, emotional distress, fear, anxiety, a diminished sense of safety, and delayed implementation of interventions necessary to protect the resident from further abuse. The facility also failed to protect the privacy and confidentiality of Resident 58. Resident 58 was admitted with diagnoses including chronic obstructive pulmonary disease. During observation, a handwritten sign reading, "Attention please no briefs chucks only!!" was posted above the resident's bed and remained there on a later observation. Staff members including a Respiratory Therapist, LPN, RN, and CNA each acknowledged the sign was visible above the bed and stated it was a privacy, dignity, and policy issue. A facility Residents Rights policy stated residents have the right to privacy and confidentiality with personal care and medical records, and that resident medical and personal care information is private and staff are required to respect and uphold resident privacy at all times.
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