Failure to Prevent Resident-to-Resident Physical and Sexual Abuse
Penalty
Summary
The deficiency involves the facility’s failure to protect residents from physical abuse by not implementing effective, enhanced interventions for a resident with known intrusive wandering behaviors. One resident with severe dementia, a BIMS score of 0/15, and documented wandering that significantly intruded on the privacy and activities of others repeatedly entered other residents’ rooms on multiple dates, including 12/26/2025, 12/27/2025, 1/10/2026, and 1/12/2026. Progress notes documented that this resident wandered throughout the unit, entered other residents’ rooms, and required frequent or continuous redirection, with redirection having little effect. Despite these repeated incidents and evidence of escalation and ineffective redirection, there was no documentation that the facility implemented new or enhanced interventions to mitigate the risk of resident-to-resident altercations. On 1/13/2026, the same wandering resident entered the room of another resident with dementia but intact cognition, as evidenced by a BIMS score of 14/15. The cognitively intact resident reported that the wandering resident entered the room and refused to leave despite being told to do so. During the resulting altercation, the cognitively intact resident grabbed the wandering resident by both wrists and forcefully shoved the resident, causing the wandering resident to strike the wall and fall to the floor. Documentation and interviews indicated that the cognitively intact resident sustained skin tears to the backs of both hands, while the wandering resident developed visible hand/finger marks on the wrists and was unable to walk after the fall, complaining of pain. Hospital records showed that the wandering resident sustained a left femoral neck fracture requiring a left hip hemiarthroplasty, and physical therapy later recommended use of a Hoyer lift for transfers. The facility’s Abuse Prohibition Policy states that each resident has the right to be free from abuse, including the willful infliction of injury resulting in physical harm, pain, or mental anguish, and defines adverse events and abuse. The Director of Nursing Services acknowledged that the wandering behavior was related to the resident’s cognition and that the facility was aware of the resident’s ongoing intrusive wandering. She was unable to provide evidence that new interventions were implemented after the documented incidents on 1/10/2026 and 1/12/2026 when the resident entered other residents’ rooms and caused distress. The failure to implement appropriate interventions following these witnessed incidents placed the wandering resident at risk for resident-to-resident physical abuse and resulted in the physical altercation, the fall, the left femur fracture, and skin tears to the other resident’s hands. The deficiency also includes the facility’s failure to protect a resident from sexual abuse by another resident with a known history of sexually inappropriate behavior. One resident with Alzheimer’s disease, vascular dementia, a BIMS score of 5/15 indicating severe cognitive impairment, and the ability to ambulate with supervision or touch assistance had a care plan dated 11/29/2025 documenting sexually inappropriate behaviors toward other residents, including hugging and kissing. Nursing notes recorded that this resident had previously touched another resident on the chest/breast area and tried to kiss the resident, and that the resident had yelled and moved aggressively toward a nursing assistant who intervened. Despite this history, the resident was later found undressed from the waist down in bed with another severely cognitively impaired resident, attempting to engage in sexual intercourse. The other resident involved in the sexual incident had senile degeneration of the brain, a BIMS score of 0/15 indicating severe cognitive impairment, and a history of wandering daily with ambulation requiring supervision or touch assistance. This resident’s care plan identified a behavioral problem of wandering the unit, with interventions including providing for the immediate safety of the resident or other residents. On the night of the incident, staff found this resident lying in bed with the sexually inappropriate resident, with pants and brief lowered, while the other resident was on top attempting to engage in sexual intercourse. A skin assessment documented redness in the perineal area. The Director of Nursing Services reported that when staff attempted to separate the residents, the sexually inappropriate resident became very aggressive and combative, waving a pair of scissors and threatening staff while swinging the scissors. The responsible party for the cognitively impaired resident who was the target of the sexual behavior reported being informed of a prior interaction between the two residents in November 2025 and stated that facility staff had assured them the residents would be kept separated. The responsible party also stated that the resident did not understand and could not consent to a sexual relationship due to cognitive impairment and would not want the resident to engage in a sexual relationship with another resident. During interview, the Director of Nursing Services was unable to provide evidence that the cognitively impaired resident was kept free from resident-to-resident sexual abuse. The facility’s Abuse Prohibition Policy defines sexual abuse as non-consensual sexual contact of any type with a resident, including sexual harassment, sexual coercion, or sexual assault, and states the facility’s responsibility to ensure each resident’s right to be free from abuse.
