Failure to Accurately and Timely Report Resident-to-Resident Abuse Allegation
Summary
The facility failed to accurately and timely report an allegation of resident-to-resident abuse involving one sampled resident. A nurse’s progress note documented that a resident was walking calmly in the dining room, approached another seated resident, and, without any cue, drew back a clenched fist and punched the seated resident in the face. The aggressor was immediately redirected, removed from the situation, and placed on one-to-one supervision, and was noted to have no recollection of the event. A separate allegation form for the involved resident who was struck stated that this resident had been sitting in the dining room when another resident punched them in the face, that they had done nothing to incur the event, and that they did not recall the situation moments later. The resident who was struck was assessed and found to have a red mark on the cheek that appeared pre-existing, with no swelling or pain noted. A facility-reported incident created later the same day described the event differently, stating that one resident walked near another and “pushed” the other resident’s face, with both residents separated and redirected and no injury or distress noted. This incident was not reported to the state survey agency until the following day at 5:45 PM, approximately 24 hours and 45 minutes after the alleged incident. The administrator confirmed that the allegation that one resident punched another was not accurately reported, explaining that the facility’s investigation concluded the action was a push, and that the facility reported the results of the investigation as the allegation rather than reporting the original allegation itself. The facility’s abuse reporting policy required the Executive Director or designee to report all allegations of abuse, neglect, exploitation, mistreatment, injuries of unknown source, and misappropriation of resident property immediately but not later than 2 hours when the events involve abuse or result in serious bodily injury.
Penalty
Resources
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A resident exited the building through a bedroom window, walked off the property, and was observed and redirected by staff with assistance from law enforcement, who encountered the resident down the road and helped escort the resident back. The facility’s internal documentation lacked staff or witness statements and characterized the event as the resident remaining on facility grounds without injury. Despite the resident’s account, a police report, and a maintenance staff report confirming that the resident left the premises and that law enforcement responded, the DON did not report the incident to required state and federal agencies, even though the DON acknowledged that any incident involving law enforcement response must be reported.
A resident with a right hip fracture and a right artificial hip joint, who was cognitively intact per BIMS, left the facility with a visitor without informing nursing staff and was later located by police at a church and returned to the unit. Nursing staff discovered the resident missing during routine checks, initiated a search, and contacted 911, while CNAs assigned to the unit reported they were unaware the resident had left at the time. The front desk process allowed visitors and some residents to sign in and out at a kiosk, and a concierge observed the resident leaving but was not required to notify unit staff. The administrator confirmed the resident left without staff knowledge, and the DON acknowledged she did not investigate the event or obtain statements and did not report the incident to the state health department because she did not consider it an elopement, resulting in a failure to report an alleged violation as required.
Two residents with dementia, schizoaffective disorder, major depressive disorder, and moderately impaired cognition, both needing moderate assistance with ADLs, were found unclothed together in one resident’s bed. The resident later stated she did not consent to sexual contact, while the other resident did not recall any sexual activity. An LVN documented the incident and acknowledged it constituted sexual abuse that should have been reported immediately to the abuse coordinator and appropriate agencies, but did not report it. The administrator, who serves as the abuse coordinator, stated she relies on staff to notify her immediately of such allegations so they can be reported to CDPH, law enforcement, and the Ombudsman, but this did not occur, resulting in the allegation not being reported as required.
A resident with dementia, bipolar disorder, vertebral fractures, and intact cognition alleged that two CNAs were rough during a bed bath, twisting her leg and jumping on her bed and legs. The resident first told a medication aide that a CNA was rough, but the aide continued passing medications and did not immediately report the allegation to the charge nurse or administrator, and multiple LVNs and the ADON confirmed they did not receive this report. Days later, the resident repeated the allegation to another medication aide, who informed the implicated CNA instead of promptly notifying the LVN or administrator; the CNA then reported to the LVN, who attempted to contact leadership. The administrator stated she did not become aware of the allegation until many days after the incident, and the facility’s investigation documented that the event occurred well before it was reported to the state. Staff interviews and the facility’s abuse protocol showed that all staff understood that rough treatment could be abuse and that such allegations must be reported immediately, yet the required immediate reporting process was not followed, resulting in delayed internal and external reporting of the alleged abuse.
Staff failed to report an allegation of sexual abuse to state authorities within the required two-hour timeframe after a cognitively intact resident with multiple psychiatric diagnoses reported being forced to touch another resident’s genitals in a dining room. A CNA observed the contact and notified an LPN, who separated the residents and obtained conflicting accounts, including a statement from the alleged victim that the act was forced. The facility’s investigation documented the allegation but did not show timely notification to the Department of Health and Senior Services, and state records confirmed the report was not made until more than 24 hours later. In interviews, the administrator stated the event was viewed as consensual and linked to the residents’ prior sexual history, while the LPN reported having informed the administrator the same day that the resident said the act was forced.
The facility failed to timely report alleged abuse to SSA and APS after staff twice observed a resident with dementia and acute systolic CHF receiving zealous, open-mouthed kisses on the mouth from her brother. On two separate occasions, a CNA and an LPN witnessed or were informed of these unusual kissing interactions, which they later described as awkward and not typical of a sibling relationship. Despite this, the nursing staff did not immediately report the incidents as potential abuse to the Administrator, and the allegation was not brought forward until a staff meeting days later, resulting in the required notifications to external authorities not being made within the mandated 2-hour timeframe.
Failure to Report Elopement Incident Involving Law Enforcement
Penalty
Summary
The deficiency involves the facility’s failure to report an elopement incident to required state and federal agencies as mandated by 42 CFR 483.12(c). On the referenced date, Resident #5 exited the building through his bedroom window around 12:15 PM and walked across the facility property toward the perimeter fence. A CNA observed the resident outside and called for assistance, after which staff redirected and escorted the resident back into the building and placed him on one-to-one supervision. The facility’s internal incident documentation noted the window exit and subsequent maintenance inspection of the window seals but did not include any staff or witness statements. The DON later stated that the resident never left facility grounds and was returned without injury, and therefore the incident was not considered reportable. However, interviews and external records showed that the resident did leave the facility premises and that law enforcement was involved. Resident #5 recalled being outside the facility, being brought back by staff and a “police man,” and being told by the officer not to leave again. A police report from the local police department confirmed an encounter with the resident outside the facility and that an officer assisted staff in escorting him back. Maintenance staff (Staff G) also reported that the resident climbed out the window, left the facility property, and was stopped “down the road,” then redirected back with law enforcement assistance. In interviews, the DON initially denied that law enforcement had been notified or involved, then later acknowledged that law enforcement had responded but asserted they did not come into the facility. The DON also confirmed awareness that any incident in which law enforcement investigates or responds is required to be reported, yet the elopement and law enforcement involvement were not reported to the State Survey Agency or other required officials within the required time frames.
Failure to Recognize and Report Resident Elopement Incident
Penalty
Summary
The deficiency involves the facility’s failure to recognize and report an elopement incident as an alleged violation in accordance with §483.12(c). The facility’s elopement policy, dated September 2022, states that it is intended to ensure that patients who leave the facility without staff knowledge or without adequate supervision/safety are managed appropriately. Resident R125 was admitted on March 16, 2026, with diagnoses including an intertrochanteric fracture of the right femur and a right artificial hip joint. An MDS dated March 26, 2026, documented a BIMS score of 14, indicating the resident was cognitively intact. On April 4, 2026, progress notes show that at approximately 7:25 a.m. on April 5, 2026, shortly after a shift change, a nurse entered the resident’s room and found the resident was not there and had not informed nursing staff of his departure. The nurse reported last seeing the resident at approximately 3:45 p.m. at the beginning of the prior shift. After discovering the resident missing, the nurse alerted a nurse aide, who searched the unit but did not find the resident, and 911 was called. It was known that the resident had a visitor and had been seen leaving the facility at approximately 4:22 p.m. Law enforcement obtained information on the resident and the visitor, checked their homes without finding them, and later contacted the resident’s former wife, who reported that the visitor was very religious. Police ultimately located the resident and the visitor at a local church, and the resident returned to the unit at approximately 10:30 p.m. Nurse aides assigned to the resident’s unit on the day of the incident reported they were not aware the resident had left the building at the time and only learned of the event later; one aide recalled that the resident may have had a visitor but did not know the time and stated she did not pay attention. The front desk receptionist supervisor described that visitors are expected to sign in at a kiosk, indicate who they are and where they are going, and that residents going on a leave of absence (LOA) may be signed out either when the visitor arrives or when the resident comes downstairs, with some residents signing themselves out and back in. The supervisor stated that residents going to a doctor’s appointment do not have to sign out because the nurse already knows about it. The Nursing Home Administrator confirmed that the resident left the facility with a friend without staff knowledge and that a concierge at the front desk saw the resident leave but is not required to inform staff when residents leave, explaining that some residents go out for fresh air and are treated as if they are in assisted living. The DON stated she did not investigate the incident or obtain staff or witness statements and did not report the incident to the Department of Health because she did not consider it an elopement, despite the resident leaving the facility without staff knowledge, which led to the failure to report the incident as required under §483.12(c).
Plan Of Correction
1. The DON or designee will report all violations in accordance with guidelines. 2. R125 is alert and oriented. R125 was in our facility for short term rehab, was completely independent with ambulation when using his walker. R125 regularly exercised by walking throughout the nursing unit on his own. 3. R125 exited the facility without notifying any staff members. He left after a friend picked him up so that they could attend Church services on Easter weekend. 4. When R125 returned from Church, he was educated on the importance of notifying staff members prior to leaving the facility. R125 acknowledged that he should have discussed his plan with staff prior to leaving. 5. Our residents are informed of the expectations of notifying facility staff when they are admitted to the facility as those directives are included in the residence and care agreement. 6. The facility policy for non-medical outings will be modified to include the addition of a "check out and check in" process for all patients electing to leave the facility for non-medical reasons. 7. The nursing staff and concierge staff will be in-serviced on policy changes and expectations with non-medical outings. 8. The charge nurse will complete a "Non-Medical Outing Pass" when the patient leaves and returns from an outing. These passes will be kept in the patient's chart. 9. The ADON or designee will audit each non-medical outing to verify that necessary documents have been completed. These audits will be completed for 120 days. 10. The results of the ADON audits will be reported to QA and any pattern or trend of non-compliance will be reviewed and addressed accordingly.
Failure to Report Alleged Sexual Abuse Between Cognitively Impaired Residents
Penalty
Summary
The deficiency involves the facility’s failure to report an allegation of sexual abuse between two residents to the State Survey Agency, Ombudsman, and local law enforcement as required by federal regulations and the facility’s own abuse reporting policy. A nurse documented that one resident (Resident 2) and another resident (Resident 4) were found unclothed together in Resident 2’s bed, and the nurse acknowledged that this situation constituted sexual abuse and should have been reported immediately to the abuse coordinator and appropriate agencies, but she did not report the incident. The facility’s policy stated that all staff are mandated reporters and must notify appropriate authorities within two hours of becoming aware of abuse and immediately notify the Abuse Prevention Coordinator and their supervisor. Resident 2 had dementia, schizoaffective disorder, major depressive disorder, fluctuating capacity to understand and make decisions, and moderately impaired cognition, and required moderate assistance with ADLs. During an interview at her bedside, Resident 2 stated she did not consent to sexual contact with Resident 4. Resident 4 also had dementia, schizoaffective disorder, major depressive disorder, moderately impaired cognition, and required moderate assistance with ADLs, and stated he did not recall engaging in sexual activity with any residents. The Administrator, who served as the abuse coordinator, stated she was responsible for reporting all abuse allegations to CDPH, law enforcement, and the Ombudsman, and that staff were responsible for notifying her immediately of sexual abuse allegations so they could be reported and investigated. The failure of staff to notify the Administrator and report the incident resulted in the sexual abuse allegation not being reported as required, causing a delay in an onsite investigation by CDPH.
Failure to Immediately Report Resident’s Allegations of Rough Care and Possible Abuse
Penalty
Summary
The deficiency involves the facility’s failure to ensure that all alleged violations involving abuse, neglect, exploitation, mistreatment, injuries of unknown origin, or misappropriation of resident property were reported immediately, and no later than two hours after the allegation was made, to the administrator and appropriate state officials. One resident with metabolic encephalopathy, Alzheimer’s dementia, anxiety, multiple vertebral compression fractures, pain, and bipolar disorder, who was cognitively intact per a BIMS score of 14, alleged that two CNAs were rough during a bed bath, twisted her leg, and jumped on her bed and legs. The resident’s care plan noted impaired cognitive function/dementia and later documented verbal behavior symptoms directed toward others, including allegations that staff attacked her, followed by expressions of affection for the same staff. The facility’s investigation identified the incident date as early in the month when two CNAs provided a bed bath, and the facility documented that it did not become aware of the allegation until later in the month, at which time the allegation was reported to the state. According to staff interviews and statements, the resident first voiced concerns about rough care on a date several days after the bed bath, when a medication aide (MA A) reported that the resident said a CNA was rough with her. MA A stated she told the resident she did not think the CNA would be rough, then continued passing medications and did not immediately report the allegation to the administrator or clearly to the charge nurse, DON, ADON, or other leadership, despite acknowledging that rough treatment could constitute abuse and that such allegations were to be reported immediately. Multiple nurses (LVN F, LVN G, and the ADON) stated that MA A did not report this allegation to them on that date, and each indicated that they would have reported any such allegation to the administrator immediately. The facility’s abuse protocol required any person observing or suspecting abuse to immediately report to the charge nurse, who must then immediately examine the patient and notify the Abuse Prevention Coordinator. Several days later, the resident again reported to another medication aide (MA E) that a CNA and another aide were rough during care and that her legs hurt because the aides were jumping up and down on her legs. MA E acknowledged that she did not report this allegation directly and immediately to the LVN or administrator, but instead informed the implicated CNA, who then reported the allegation to the LVN on duty (LVN D). LVN D stated that upon being informed by the CNA, she attempted to contact the administrator and then informed the ADON. The administrator reported that she first became aware of the allegation at approximately 4:40 p.m. on that later date, and the facility’s investigation form reflected that the incident had occurred many days earlier. Staff interviews and time card reviews confirmed the dates the CNAs worked and the timing of the bath relative to the resident’s subsequent complaints. The failure of MA A and MA E to follow the facility’s abuse protocol and immediately report the resident’s allegations to the charge nurse and administrator resulted in a delay in the facility’s awareness and reporting of the alleged abuse. In their statements, the CNAs involved (CNA B and CNA C) described providing a routine bed bath to the resident, noting that she complained of being wet and cold but did not complain of pain during the bath, and they denied hurting her or jumping on her bed or legs. They also stated that they were not informed of any complaint until many days after the bath. The resident, when interviewed later, reiterated that the aides were rough, twisted her leg, and jumped on the bed, and said she did not want them providing her care, although she could not recall the exact date or which staff member she initially told. The administrator, LVN D, CNAs, and medication aides all acknowledged in interviews that rough treatment could be considered abuse and that allegations of abuse must be reported immediately. Despite this, the facility’s own records and staff accounts showed that the initial allegation made to MA A and the subsequent allegation made to MA E were not promptly reported through the required chain, resulting in the facility not becoming aware of and not reporting the allegation to the state survey agency within the required timeframe.
Failure to Timely Report Allegation of Sexual Abuse to State Authorities
Penalty
Summary
Facility staff failed to report an allegation of sexual abuse to the Department of Health and Senior Services (DHSS) within the required two-hour timeframe. The facility’s abuse, neglect, exploitation, and misappropriation prevention program, revised April 2021, states staff will identify and investigate all possible incidents of abuse, neglect, mistreatment, or misappropriation of resident property and report any allegations within timeframes required by federal requirements. Resident #1, assessed as cognitively intact on a quarterly MDS dated 2/12/26, had diagnoses including schizoaffective disorder, bipolar type, major depressive disorder, generalized anxiety disorder, and bipolar disorder. On 3/29/26, CNA A reported to LPN B that Resident #1 was seen touching Resident #2’s privates in the main dining room; CNA A separated the residents, and LPN B interviewed both residents. Resident #1 stated Resident #2 forced him/her to touch his/her privates, while Resident #2 denied the allegation. The facility’s investigation, dated 3/30/26, documented that Resident #1 reported assisting Resident #2 in playing with his/her privates but stated he/she was forced to assist. The investigation record did not show that facility staff contacted DHSS within the required two-hour timeframe after the allegation was reported. Review of the DHSS database confirmed that the facility did not report the allegation of sexual abuse until more than 24 hours after Resident #1 made the allegation. During interviews, the administrator stated he/she would have reported within two hours if the act was not consensual and claimed he/she was not informed that Resident #1 said he/she was forced until 3/30/26, characterizing the situation as involving residents with a past sexual history who were upset because they were caught. However, LPN B stated that on 3/29/26 at 10:12 A.M. he/she called the administrator and explained in detail that Resident #1 said he/she was forced into the sexual act, and that the administrator responded that the residents had a sexual history, so it was okay.
Failure to Timely Report Alleged Sexual Abuse to SSA and APS
Penalty
Summary
The facility failed to ensure that all alleged violations involving abuse and neglect were reported immediately, but no later than two hours after the allegation was made, to the State Survey Agency (SSA) and Adult Protective Services (APS). Resident 3, who was admitted with unspecified dementia and acute systolic congestive heart failure, was involved in two separate incidents in which her brother was observed kissing her on the mouth in a manner staff described as zealous, enthusiastic, sloppy, and not typical of a brother-sister interaction. On 12/28/25, CNA 1 observed a well-dressed man enter Resident 3's room, hug her, and give her a zealous kiss on the mouth. CNA 1 assumed the man was the resident's husband and reported this to LPN 1, who knew the visitor was the resident's brother. LPN 1 looked into the room and did not see anything out of the ordinary, and neither CNA 1 nor LPN 1 reported this incident as a potential allegation of abuse to the Administrator at that time. On 1/4/26, LPN 1 and CNA 1 entered Resident 3's room to address the resident's pain and request for catheter removal and to assist with a brief and linen change. Resident 3 had two visitors present, including her brother. When asked to step out for privacy, the female visitor left, but the brother hesitated and then gave Resident 3 a sloppy, open-mouthed kiss on the mouth lasting about three seconds, again in the presence of staff. The brother stated that Resident 3 was his older sister and that she had taken care of him since they were very small. LPN 1 did not report either the 12/28/25 or 1/4/26 kissing incidents to the Administrator. The Administrator later stated that the alleged abuse was first mentioned during a meeting on 1/6/26, at which time staff described the kiss as a weird, awkward kiss and not a typical brother-sister kiss, and acknowledged that nursing staff had not reported the suspicious activity in a timely manner, resulting in failure to notify SSA and APS within two hours of the allegation.
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