Failure to Protect Resident From Ongoing Verbal Abuse and to Follow Abuse Reporting Policy
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from ongoing verbal abuse by another resident and to follow its abuse prevention and reporting policies. One resident (R1), who had intact cognition with a BIMS score of 15 and multiple medical diagnoses including spinal stenosis, type 2 diabetes, morbid obesity, and chronic pain conditions, reported that another resident (R3) had been verbally abusive for about a year. R1 stated that R3 repeatedly called R1 racial slurs including the n-word, used other derogatory names such as "stupid pedophile," "nasty," and "disgusting," and made false accusations that R1 was misusing the system, not caring for R1’s children, and pretending to be sick to obtain state funding. R1 reported that R3 would wheel to the doorway of R1’s room, sit in front of the door, scream and curse at R1, and make offensive finger gestures. R1 said these behaviors were ongoing and continuous, and that R1 had informed multiple staff members over the course of the year but felt the facility was not doing anything to stop R3’s verbal abuse. Multiple staff interviews corroborated that R3 had a history of verbally abusive behavior, including racial slurs directed at R1 and other residents. An RN (V4) stated that on one occasion in the dining room, R3 rolled up to R1 and called R1 the n-word, which V4 heard, and that V4 reported this to a supervisor. V4 also documented in R1’s progress note on 2/2/2026 that R1 verbalized concerns about another resident making false accusations and continuing to approach R1 despite R1’s discomfort, and V4 reported this to social services and the DON. An LPN (V12) reported hearing R3 call R1 the n-word at the nurse’s station and noted that R1 had become more socially isolated and now ate in the room instead of the dining room. CNAs (V16 and V9) and another resident (R6, a former roommate of R3 with impaired cognition) described R3 as verbally abusive, yelling, cursing, using racial slurs, and calling others names on a daily basis. The Social Services Director (V14) acknowledged that R3 had a history of verbal abuse as part of R3’s diagnosis, that R1 had reported being called the n-word, and that staff had reported R3 sitting in front of R1’s room in a wheelchair. The facility failed to follow its abuse policy and abuse prevention program requirements for reporting, investigating, protecting residents, and care planning. The Administrator (V1), who is the abuse coordinator, stated awareness only of an incident from 10/10/2025 involving racial comments by R3 toward R1, which was reported to the state agency the following day rather than on the day of occurrence, and could not explain the delay. V1 stated that when a nurse raised concerns again on 2/2/2026 about R3 calling R1 racially derogatory names, V1 assumed it referred to the prior incident, did not initiate a new investigation, did not interview R1 or R3 about the new allegations, and did not report the new allegation to the state agency. V14 also admitted speaking with R1 about R3’s name-calling a few weeks before the survey but did not document the conversation in R1’s progress notes. Despite R1’s repeated reports and staff awareness of R3’s ongoing behaviors, there was no documentation of a new investigation, no evidence of protective measures such as relocating R3 away from R1’s room or unit, and no update to R1’s care plan to address the risk or occurrence of verbal abuse. R1’s abuse risk assessment had not been updated since admission, and R1’s care plan contained no focus on verbal abuse or risk for abuse, even though R1 reported feeling safe only in R1’s room, avoiding common areas, no longer attending activities or dining in the dining room, and isolating to avoid contact with R3. The facility’s written policies required immediate reporting of suspected abuse to supervisors or the administrator, timely reporting to the state agency, protection of residents involved in possible abuse incidents, removal from contact of an alleged abuser during investigations, assessment of residents with behaviors that could cause conflict, and documentation and review of residents’ concerns through the grievance process. The abuse policy defined verbal abuse as disparaging or derogatory oral, written, or gestured language and mental abuse as harassment or humiliation that could cause fear or shame. Despite these requirements, the facility did not consistently report or investigate repeated allegations of verbal abuse by R3 toward R1, did not ensure R3 was removed from contact with R1 or relocated to another floor, and did not document or address R1’s expressed concerns and behavioral changes such as social withdrawal and eating in the room. R1 stated that after the October 2025 incident, no one followed up with R1 about what happened or the outcome of any investigation, and that staff responses focused on telling R1 to ignore or avoid R3 rather than implementing protective interventions in accordance with facility policy.
