F0607

J

Failure to Protect Resident From Abuse and to Immediately Report and Remove Alleged Perpetrator

Weatherford, Texas Survey Completed on 01-12-2026

Penalty

Fine: $34,394

Summary

The deficiency involves the facility’s failure to implement its written abuse-prevention policies and procedures, resulting in a resident being subjected to physical abuse and staff failing to immediately report or intervene. The resident was an elderly female with vascular dementia, severe cognitive impairment (BIMS score of 4), anxiety disorder, peripheral vascular disease, osteoarthritis of both knees, and lipodermatosis. She resided on the memory care unit, was incontinent of bowel and bladder, wandered, showed inattention and disorganized thinking, and required assistance of one staff for toileting and total assistance with transfers. At the time of admission and prior to the incident, her care plan did not identify her as resisting care or being physically aggressive, and it did not specify the number of CNAs required for transfers.

On the morning of the incident, multiple staff members described that the resident was sitting in a chair, yelling, and in need of incontinence care. CNA A reported to LVN D that the resident was “acting up,” was dirty, and refused to be changed. According to LVN D and CNA B, CNA A spoke loudly to the resident, attempted to get her up from the chair, and when the resident resisted and slid to the floor, CNA A grabbed the resident by the ankles and dragged her along the floor down the hallway to her room while the resident screamed, yelled, and resisted. CNA B stated that she saw CNA A pick the resident up from the chair, lower her to the floor, then drag her by the ankles from the lobby area to the resident’s room. CNA A herself stated that she pulled the resident by her legs on the floor to the room by her ankles because the resident was kicking and she was concerned about other residents nearby.

Despite witnessing the event, staff did not immediately intervene to stop the abusive conduct or promptly report it as required by facility policy. LVN D stated she did not intervene because she was shocked, felt CNA A was very upset, and was concerned about aggravating the situation; she instead instructed CNA C to take over care once they reached the room and told CNA A to leave the unit. CNA B acknowledged that she did not intervene as she had been trained to do and did not notify the abuse coordinator, assuming LVN D would do so. The administrator was not informed until hours after the incident, and she delayed reporting to state and law enforcement while she sought additional information and corporate input, despite the policy requiring immediate reporting of suspected abuse to the administrator and external authorities. The facility also failed to immediately remove the alleged perpetrator from resident contact, allowing CNA A to complete her full shift on the memory care unit the day of the incident and to work another full shift the following day before suspension, contrary to the facility’s policy that any employee accused of abuse be placed on leave with no resident contact until the investigation is complete.

The facility’s abuse policy required that suspicions of abuse, neglect, exploitation, or misappropriation be reported immediately to the administrator and to state and other authorities within specified time frames, and that any employee accused of abuse be removed from resident contact pending investigation. In this case, the incident occurred early in the morning, but the administrator was not notified until later that morning, and she did not immediately report the allegation to state and federal authorities or law enforcement. The former DON reported that staff approached her with concerns that the incident was not being handled appropriately and that written statements consistently described the resident being grabbed, dropped to the floor, and dragged by her feet. The DON further stated that when she raised the need to self-report, the administrator told her corporate had instructed not to self-report at that time. The incident was not reported to state authorities until months later, and the police report was filed three days after the event. These actions and inactions demonstrate that the facility did not follow its own abuse-reporting and investigation policies and did not ensure residents were protected from an alleged perpetrator immediately after an allegation of abuse.

Removal Plan

• Conduct a skin assessment for Resident #1.
• Notify the responsible party, Ombudsman, and Medical Director regarding Resident #1.
• Notify police.
• Reassign CNA A off the hallway/unit.
• Suspend CNA A pending investigation.
• Conduct skin assessments for all residents in the secured unit.
• Administer a safety survey to interviewable residents in the secured unit and conduct skin assessments for residents unable to answer.
• Provide education to designated educators/managers on abuse and neglect, de-escalation, aggressive behavior, mental health management, resident rights, and dignity, and complete competency testing.
• Provide education to all staff on abuse and neglect, de-escalation, aggressive behavior, mental health management, resident rights, and dignity, and complete competency testing prior to the next shift.
• Conduct weekly interviews of five staff and five residents for four weeks to ensure allegations of abuse are reported, and immediately address and report concerns to the administrator.
• Review progress notes and incident reports during morning clinical meetings and by the weekend supervisor to ensure any documented or potential abuse is reported to the administrator/abuse coordinator and reported to HHSC per regulation.
• Hold an ad hoc QAPI meeting with the Medical Director regarding the alleged incident and the facility’s compliance plan.