Failure to Report Allegation of Verbal Abuse to State Authorities
Penalty
Summary
The facility failed to report an allegation of verbal abuse involving one resident to the Department of Health as required by its own policy and state regulations. The facility’s abuse policy dated 8/18/25 stated that all incidents of actual, alleged, or suspected abuse, neglect, theft, misappropriation of residents’ property, or injury of unknown origin would be promptly reported and thoroughly investigated. Resident R2 had diagnoses including dementia, heart failure, and high blood pressure, and a BIMS score of 99 indicating the resident was unable to complete the cognitive interview. On 12/30/25, two staff members reported to the Director of Nursing that they overheard a nurse aide (Employee E3) yelling and swearing at Resident R2 while assisting the resident off the toilet and getting the resident up for the day. Witness statements from an LPN (Employee E4) and a nurse aide (Employee E5) documented that NA E3 said to Resident R2, "I can't stand you f*cking yelling like that" and repeatedly stated, "I don't care, I can't f*cking stand you yelling like that," despite being told by NA E5 that they could not speak to the resident in that manner. Both E4 and E5 reported the incident to the Director of Nursing, and administration called to have NA E3 removed from the unit. During interviews, E4 and E5 confirmed the verbal statements made by NA E3 and that they reported the incident to the Director of Nursing. The Director of Nursing acknowledged that an investigation was conducted but stated the incident was not reported to the Department of Health because she did not feel it was threatening in nature. The Nursing Home Administrator confirmed that the facility failed to report this allegation of abuse involving Resident R2.
