Failure to Prevent and Protect Resident From Alleged Sexual Abuse by CNA
Penalty
Summary
The deficiency involves the facility’s failure to prevent resident-to-employee sexual abuse and to ensure a resident’s right to be free from abuse. A resident with a cognitive communication deficit and depression reported that a CNA walked up behind her and kissed her on the cheek. She stated to nursing staff that this was not the first time the CNA had made this type of attempt and that his behavior made her feel uncomfortable. The resident’s family member reported that the resident was kissed on the cheek by the CNA and that the facility made her feel like it was acceptable, resulting in the resident feeling unsafe. The resident expressed a desire to contact the police, and a police report was made, which was later determined to be unfounded. Interviews with facility staff confirmed that the resident’s complaint was communicated through the nurse to the ADON, who then assessed the resident and notified the administrator, identified as the abuse coordinator. The DON stated she was not in the facility at the time of the complaint but expected all nursing staff to follow the abuse guidelines and noted that all staff receive abuse training upon hire. Facility records, including an admission record, abuse care plan, progress notes, a witness statement, and an incident report, documented the resident’s condition and the reported incident. The facility’s Abuse Policy and Prevention Program affirms residents’ rights to be free from abuse and outlines measures such as pre-employment screening, staff orientation and training on abuse recognition and reporting, and immediate protection of residents involved in possible abuse; however, despite these policies, the resident reported experiencing unwanted physical contact from a staff member and feeling unsafe.
