Failure to Protect a Resident From Physical Abuse During Personal Care
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from physical abuse by staff during the provision of personal care. The resident, a long-term resident with a Brief Interview for Mental Status (BIMS) score of 11 indicating moderate cognitive impairment, reported that on a specific date a CNA providing direct care in her room intentionally struck her with her small pillow and then with a flowered blanket. According to the resident’s grievance and subsequent interview, she told the CNA to stop, but the CNA continued by hitting her with the blanket and also striking personal items hanging on her wall, attempting to knock her belongings off. The resident stated she felt upset by the incident and filed a grievance with the facility. Record review confirmed the resident’s long-term status in the facility and documented her grievance alleging that the CNA slapped her with a pillow and blanket. The facility’s investigative report, as referenced in the record review, substantiated that the abuse occurred. Interviews with the DON and the Administrator confirmed their awareness of the grievance and that the involved CNA was an agency staff member. The DON stated that the CNA should not have struck the resident with the pillow and blanket, and the Administrator stated that, although there were no witnesses, he believed the resident’s account and noted that she did not have cognitive deficits and was a strong self-advocate. The core deficiency is that facility staff, specifically an agency CNA, engaged in intentional physical contact with the resident using a pillow and blanket in a manner characterized as rude and abusive while providing care.
