F0610

E

Failure to Investigate Abuse Allegation and Remove Accused Staff From Duty

Ozark, Missouri Survey Completed on 01-22-2026

Penalty

No penalty information released

Summary

The deficiency involves the facility’s failure to immediately and fully investigate an allegation of staff-to-resident abuse and to protect the resident and other residents during the investigation. The facility’s own Abuse and Neglect Policy required that all reports of resident abuse be thoroughly investigated by administration or designees, that accused employees be placed on leave at the time of the allegation, that the resident and reporter be protected from retaliation, and that findings be documented and reported to the state agency. The policy also required review of documentation and evidence, interviews with the reporter, the resident, staff who had contact with the resident, and at least ten other residents cared for by the accused employee, as well as complete documentation of the investigation and submission of a follow-up report to the state within five working days. Despite these requirements, the facility did not initiate or complete a full, documented investigation and did not remove the accused staff member from duty when an allegation of abuse was made.

The resident involved had vascular dementia with moderate cognitive impairment, diabetes mellitus, and hypertension, and required staff assistance with transfers and mobility. The resident frequently rejected care. On the date of the incident, a CMT entered the resident’s room to administer medications, check blood sugar, and give insulin. The CMT reported that the resident became irate after administration, claimed injury to the hand, and began swatting and throwing water. The CMT stated that the resident accused the CMT of hurting the resident’s hand and that this was reported to an LPN and the ADON. The LPN’s written statement indicated the resident was yelling that the CMT had hurt the resident’s hand and that the LPN observed a couple of light bruises on both hands, described as usual, with no new injury noted. Another CNA reported hearing the resident hollering and the resident saying staff hurt the resident’s hand. A different CNA reported that the resident pointed to the CMT and said, “He gave me that bruise,” and this was immediately reported to the ADON and LPN.

Despite these direct allegations that staff had hurt the resident’s hand and caused bruising, the accused CMT continued to work after the allegation, including on the same unit and the following day, and was not suspended pending investigation. Facility staffing records confirmed the CMT worked after the allegation. The LPN documented in a progress note that the resident became upset, threw water on the CMT, and was educated about staff being there to help, but did not document the resident’s allegation of possible abuse, any assessment of the resident, or notifications to the physician, family, or administration. The electronic medical record contained no entries related to an abuse assessment or further information about the allegation. The ADON reported assessing the resident and noting old bruising on both hands that did not appear suspicious, but this assessment was not documented in the medical record as a formal skin assessment. The Administrator acknowledged that the CMT was not suspended, that the CMT continued to work on the resident’s hall, and that a progress report with resident statement, notifications, and assessment should have been completed. The facility did not provide a full completed investigation upon request, and state records showed no investigation had been submitted. Subsequent observation documented multiple bruises on both of the resident’s hands, and the resident reported obtaining the bruising when staff helped the resident out of bed.

Multiple staff, including the CMT, LPNs, RN, and other CNAs, stated that hitting or hurting a resident’s hand or causing a bruise would be considered abuse and that an allegation of abuse should trigger resident assessment, documentation, and notifications. The ADON and Administrator both described expectations that allegations of abuse be reported promptly to administration and the state, that residents be assessed for bruises or marks, and that progress notes include what happened, assessments, and notifications. However, in this case, those steps were not carried out as required. The facility failed to initiate an immediate, thorough, and documented investigation, failed to suspend the accused employee at the time of the allegation, allowed the accused staff member to continue working independently, and failed to submit an investigation report to the state agency, resulting in noncompliance with the facility’s abuse policy and regulatory requirements for responding to alleged abuse.