Failure to Timely Report and Investigate Repeated Verbal Abuse Allegations
Penalty
Summary
The facility failed to follow its abuse policy by not timely reporting allegations of verbal abuse to the state agency and by not reporting a subsequent allegation at all for two cognitively intact residents. One resident (R1), with multiple medical conditions including spinal stenosis, type 2 diabetes mellitus, morbid obesity, chronic venous insufficiency with a non‑pressure ulcer, lumbar radiculopathy, and other comorbidities, had a BIMS score of 15 indicating intact cognition. Another resident (R3), with end‑stage renal disease on dialysis, cerebral palsy, chronic kidney disease, sequelae of cerebral infarction, major depressive disorder, PTSD, ADHD, and other diagnoses, also had a BIMS score of 15. R1 reported that R3 had been verbally abusive for almost a year, including calling R1 the n‑word and other racial slurs, and stated that the facility was not preventing this behavior. On 10/10/2025, staff, including an RN (V4) and an LPN (V12), observed or were informed that R3 was verbally aggressive, yelling racial slurs at R1 and others passing R3’s room. The Social Services Director (V14) documented in R3’s progress note that R3 was being verbally abusive and making racial slurs toward another resident and completed a petition for involuntary/judicial admission citing increased agitation, aggression, and racial comments. R3 was sent to the hospital and returned the same day. The Administrator (V1), who is the facility’s abuse coordinator, acknowledged that the incident occurred on 10/10/2025 but reported it to the state agency on 10/11/2025 at 9:09 PM, more than 24 hours after the occurrence, despite the facility’s Abuse Prevention Program requiring that reports of suspected abuse be filed no later than 2 hours from suspicion. The facility’s incident report to the state agency characterized the event as R3 being verbally impolite to R1. V1 stated being unsure why the report was not submitted on the date of the incident. On 2/2/2026, R1 again reported ongoing verbal abuse by R3 to the RN (V4), including continued use of the n‑word, racial name‑calling, and offensive gestures while R3 sat in front of R1’s room. V4 documented R1’s concerns in R1’s progress note and reported them to Social Services and the Director of Nursing, and also went to the Administrator’s office to notify V1. V4 stated that V1 responded that V1 was aware of the issues and was already investigating. V14 reported that about a week before the survey (on or around 2/2/2026), a staff nurse informed V14 that R1 said R3 was verbally abusing R1 again; V14 spoke with R1 but was unsure if this was reported to V1 and had no documentation of this interaction. V1 acknowledged that a nurse spoke with V1 about R3 calling R1 racially derogatory names but assumed the nurse was referring to the prior October incident, did not speak with R1 or R3 about the new allegation, and did not report the new allegation to the state agency. R1 stated that no one followed up after the October incident, that R1 was not informed of any investigation conclusions, and that R1 did not deny the October incident occurred. Review of state reportables from 10/1/2025 to 2/10/2026 showed only the single verbal abuse report from October, confirming that the February allegation was never reported, contrary to the facility’s Abuse Prevention Program requirements for immediate reporting, documentation, and resident notification. The facility’s Abuse Prevention Program (for Illinois facilities) specifies that employees must immediately report any observed, heard about, or suspected incident to a supervisor or the Administrator, that an initial report of an accusation should be completed immediately, and that a written report must be sent to the state agency no later than 2 hours from suspicion. It also requires that the Administrator inform the resident that a report has been made and that an investigation has started, and later notify the resident of the conclusion of the investigation. In this case, the October 10 verbal abuse incident involving racial slurs was not reported to the state agency within the required 2‑hour timeframe, and the subsequent February allegation of ongoing verbal abuse was not reported at all. Additionally, R1 reported not being informed about the investigation or its conclusion and not being asked if R1 felt safe, despite the policy requiring resident notification and follow‑up. These actions and inactions by the Administrator and other staff led to the identified deficiency in timely reporting and handling of abuse allegations.
