F0609

J

Failure to Immediately Report and Investigate Alleged Verbal and Physical Abuse

Schertz, Texas Survey Completed on 01-09-2026

Penalty

No penalty information released

Summary

The deficiency involves the facility’s failure to immediately report an allegation of verbal and physical abuse of a resident by a registered nurse to the abuse coordinator and appropriate authorities, as required by regulation and facility policy. A female resident with a history of traumatic brain injury, mood disorder, anxiety disorder, cognitive communication deficit, cerebral infarction with resulting hemiplegia/hemiparesis, and moderately impaired cognition (BIMS score of 10) was the subject of the alleged abuse. Her care plan noted a history of making false accusations and claiming care had not been provided, but the incident in question was directly witnessed and described in detail by staff. The facility’s policy on Abuse, Neglect, Exploitation or Misappropriation-Reporting and Investigating required that suspected abuse, neglect, exploitation, misappropriation, or injury of unknown source be reported immediately to the administrator and other officials, with “immediately” defined as within two hours for allegations involving abuse or resulting in serious bodily injury.

On the early morning in question, an LVN documented that she was at the nurses’ station when a CNA called from the resident’s room, stating the resident was kicking and punching her and asking the LVN to witness the behaviors. The LVN’s written statement described that when the RN arrived, the resident attempted to remove her shirt, came out of her room shirtless with her breasts exposed, and the RN loudly used profane and degrading language, referring to the environment as a “whore house” and commenting on the resident’s exposed breasts. The LVN stated that the RN wheeled the resident back to her room, aggressively pulled off the resident’s shirt, and continued verbally abusing her with repeated profanities and derogatory terms. Later, after the RN and staff briefly went outside, they saw the resident again without her shirt; the LVN reported that the RN reacted by forcefully pushing the resident in her wheelchair very fast into her room, leaning into the resident’s ear and calling her further profane and degrading names, then pushing the wheelchair into the room at full force so that it slammed into the bed, followed by aggressively removing the resident’s clothing and continuing the verbal abuse.

The LVN stated she checked the resident for injuries after the incident and found none, but she did not document this assessment in the record. The nursing progress note entered by the LVN that morning only described the resident as hitting and kicking the CNA, being changed into clean clothes, coming out of the room naked with breasts showing, being instructed to keep clothes on, and being clothed at that time; it did not document the RN’s alleged verbal or physical abuse. No facility investigation report was completed for this incident at the time, and the incident was not immediately reported to the administrator or authorities. The LVN later stated she knew from training that she was supposed to report the incident immediately but delayed, initially attempting to follow chain of command by contacting the DON and believing the incident occurred on a different date. The administrator confirmed he was not informed until several days later, at which time the alleged perpetrator acknowledged telling the resident she was “acting like a whore” and pushing the resident into her room without controlling the wheelchair. Another CNA corroborated that the RN was aggressive, pushed the resident into her room, called her a slut, and shut the door, and a neighboring resident reported hearing the RN yelling and calling someone a whore and a slut. The delay in reporting and lack of immediate investigation and documentation led surveyors to identify noncompliance at the Immediate Jeopardy level from the date of the incident until several days later.

Removal Plan

• Incident reported to HHSC.
• 3613-A report sent to HHSC with the investigation findings.
• Inservice over abuse and neglect started for all staff.
• Head to toe assessment completed by nursing for Resident #1.
• Responsible party of Resident #1 notified of incident.
• Resident safe interviews conducted.
• RN A terminated.
• Resident #1 evaluated by a mental health professional.