Failure to Report and Investigate Multiple Allegations of Staff Abuse and Force Feeding
Penalty
Summary
The deficiency involves the facility’s failure to timely report and thoroughly investigate multiple allegations of staff-to-resident abuse, including verbal abuse, physical abuse, and force feeding, and to make required notifications to authorities and clinical team members. A self-reported incident documented that a CNA verbally abused a severely cognitively impaired resident during a lunch meal, leading to the CNA’s removal from duty and a substantiated finding of verbal abuse. However, the investigation did not include interviews with all staff present in the dining room at the time, and nurses’ notes for the involved resident showed no documentation of physician notification, social services follow-up, or timely psychiatric referral despite an intervention being listed. The facility’s own policies required immediate reporting of all alleged violations of abuse, comprehensive interviews of all involved persons, and documentation of actions taken in the medical record, which were not followed. During the investigation of the verbal abuse incident, multiple staff witness statements described additional, prior and ongoing allegations of abuse by the same CNA toward several residents, including residents with dementia, Alzheimer’s disease, severe cognitive impairment, dysphagia, and dependence on staff for feeding. Witnesses reported that the CNA yelled at residents, cursed at them to wake up and eat, was not compliant with diet orders, and force fed residents by pushing food into their mouths when they resisted. Staff also reported that the CNA awakened residents during meals using sternal rubs. These concerns were said to have been reported to various nurses, the ADON, the DON, and a nursing supervisor, yet there was no documentation that these additional allegations were investigated, no self-reported incidents were submitted for these residents, and no corresponding entries were found in the residents’ medical records regarding abuse allegations. Interviews with nursing and dietary staff further demonstrated that significant information about alleged abuse was not escalated or acted upon in accordance with facility policy. Some CNAs stated they had reported force feeding and yelling incidents to LPNs and supervisory nurses, while the LPNs denied receiving such reports or stated they did not report them because the CNA was already on administrative leave. A dietary staff member and dietary supervisor described prior reports to a nursing supervisor about the CNA being mean to residents and yelling at them, but no statements had been taken regarding those earlier incidents. The DON acknowledged she had not reviewed the witness statements, was not notified of force feeding allegations, and confirmed that no additional self-reported incidents were completed for the new allegations uncovered during the investigation. The social worker reported not being informed of the verbal abuse allegation until much later, and the ADON confirmed that required notifications to social services, physicians, and psychiatric services were delayed or not completed for residents with abuse allegations, contrary to facility policy. Additional residents identified in the witness statements, including those with dementia, aphasia, severe cognitive impairment, and dependence on staff for feeding, had no documentation in their nurse’s notes of any abuse allegations during the review period, and no SRIs were found for them. The ADON acknowledged awareness of an allegation that one resident had been force fed but stated she relied on the resident’s wife’s denial and did not report or further investigate the allegation. A nursing supervisor admitted awareness of force feeding allegations but did not report them because the CNA was already off work. Overall, the facility failed to identify, document, investigate, and report multiple allegations of abuse involving several residents, and failed to ensure required notifications and assessments were completed, despite clear policy directives to do so.
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