Failure to Protect Residents From Abuse and Implement Protective Interventions After Allegations
Penalty
Summary
The deficiency involves the facility’s failure to protect multiple residents from abuse and to implement adequate actions and care plan interventions after abuse allegations. One cognitively intact male resident with a history of verbal and sexual aggression toward staff was care planned for potential sexually abusive behavior, but his care plan and record contained no specific behavioral monitoring or interventions after two separate sexual abuse allegations by two cognitively intact female residents. One of these residents reported that he rubbed her inner thigh and hair in a way that made her feel violated, and documentation showed he was moved to another unit due to her allegation, yet there was no evidence of immediate physical or psychosocial assessment of her after the incident. The other resident reported being raped by this same male resident, was sent to the hospital, and refused examination, but her care plan did not show ongoing interventions to prevent further abuse by him. Another incident involved a male resident allegedly performing oral sex on his cognitively intact male roommate. A CNA discovered the roommate in bed with his penis exposed and the other resident bent over him, moving in an up‑and‑down motion. Progress notes documented that the social worker spoke with both residents three days later, but there was no evidence of an immediate physical assessment or timely psychosocial assessment of either resident to rule out physical or psychosocial harm. The care plans for both residents lacked any problem or interventions related to this sexual incident or measures to prevent further sexual abuse. Observations later showed the alleged perpetrator alone in a private room, rarely leaving his room and requiring extensive assistance, but there was no documentation of specific monitoring or protections related to the prior allegation. The facility also failed to adequately address physical abuse and inappropriate contact among other residents and by staff. One severely cognitively impaired resident with known behavioral issues had previously been placed on 1:1 care after attempting to hit staff and then hitting another resident, yet her care plan did not address a later incident in which she slapped another cognitively impaired resident in the face when redirected from striking staff. Although a progress note documented that no injuries were noted and the situation was de‑escalated, the investigation file was incomplete. In separate cases, a moderately impaired resident reported through a family member that another severely impaired resident entered her room and touched her body, and a cognitively intact resident was observed being pinched on the breast by another cognitively impaired resident, causing her to yell out. The investigative files confirmed these reports but did not show that care plans were updated or that protective measures were implemented. In addition, a severely cognitively impaired resident with Alzheimer’s disease sustained a head laceration when a CNA, while providing personal care with another aide present, grabbed the resident by the sweater, jerked him from a seated position, and swung him toward the bathroom after he refused care, causing his head to hit the doorframe. A nurse entered the room and witnessed the CNA swinging the resident and the impact with the doorframe. The facility’s Manager of Quality/Risk Manager, who conducted most abuse investigations, confirmed that the facility’s investigative materials for all of these incidents were incomplete and that abuse was substantiated only in the case of the physical abuse by one resident against another. She and the Administrator acknowledged there was no documentation of prompt resident assessments, care plan updates, or adequate measures to prevent further abuse by the involved residents and the CNA, despite facility policies requiring immediate protection, examination, psychosocial assessment, room or staffing changes, emotional support, and care plan revision after incidents of abuse.
