F0610

D

Failure to Immediately Investigate and Report Resident’s Abuse Allegation

Chicago, Illinois Survey Completed on 01-09-2026

Penalty

No penalty information released

Summary

The deficiency involves the facility’s failure to immediately initiate an investigation and report an allegation of abuse made by a resident. The resident, identified as R44, had diagnoses including COPD with acute exacerbation, gait and mobility abnormalities, anxiety disorders, depressive disorders, psychoactive substance abuse, and hypertension. R44’s BIMS score was 12, indicating moderate cognitive impairment, and the care plan documented a history of suspected abuse/neglect and behavioral symptoms, including involvement in other residents’ care. On a Sunday afternoon, R44 wrote a letter addressed to the Administrator or Executive Director stating that a CNA delivering food was hostile to the roommate, yelled at the roommate about being changed, told R44 to “shut up and mind my own business,” blocked R44’s path, threatened to throw R44 out the window, and bumped R44 while passing. R44 reported feeling like a “nervous wreck,” shaking, and expressed fear related to heart problems.

R44 later reiterated the allegation in an interview, stating that two days earlier a CNA working the 3–11 p.m. shift, described as African American, came to deliver dinner trays and deferred changing the roommate for a couple of hours. When R44 questioned this, the CNA allegedly told R44 to get out of her face, used profanity, blocked R44 from leaving the room, and threatened to throw R44 out the window, causing significant fear and shaking. R44 reported going to the nurse’s station, speaking with the nurse and two other people there, then going downstairs to the receptionist, who provided pen and paper so R44 could write a letter that was placed in the administrator’s mailbox. R44 also stated that the Executive Director and Social Worker were informed. The receptionist confirmed that R44 complained that someone threatened to push her out the window, recognized that this could be considered abuse, and acknowledged not following protocol and “dropping the ball” by treating it as a complaint rather than an abuse allegation.

The Executive Director stated that R44 interrupted him the day after the incident while he was busy, and he took time to speak with R44, who reported a confrontation with a CNA who had dropped off food and was supposed to care for the roommate. The Executive Director checked the schedule and identified the CNA, later identified as V17, and acknowledged that R44 said the CNA threatened her. He admitted he considered it abuse and that he “probably should have reported it yesterday,” explaining that he initially thought R44 was having psychosis based on the care plan. The Social Worker reported that R44 came to her office and complained that a staff member had talked to her in an incorrect way, and the Social Worker immediately informed the Executive Director. The facility’s reportable form documented that the facility became aware of the incident on a later date and initially listed the alleged perpetrator as unknown, despite the earlier letter and conversations. The facility’s abuse policy required immediate steps to protect residents, immediate notification to authorities not exceeding two hours after the initial allegation, and suspension of accused employees pending investigation. In this case, the allegation made to the receptionist and then to the Executive Director was not immediately reported or investigated, and the CNA continued to work on the unit until the Executive Director later identified and suspended the CNA after the Social Worker’s report.

Additional interviews provided conflicting accounts of the incident but further highlighted the delay in response. The CNA, V17, stated that while passing trays she saw the call light on, dropped off the meal tray, and asked the roommate if she wanted to be changed, with the roommate requesting to eat first. According to V17, R44 then accused her of breaching a contract, was told to mind her own business, and began hitting V17’s leg with a walker and threatening to have her fired. V17 denied threatening to throw R44 out the window or doing anything to R44. Another CNA, V20, reported hearing R44 tell V17 at the elevator that she was going to report and fire V17, and that V17 responded she had not done anything. Despite these differing accounts, the key deficiency centers on the facility’s failure to treat R44’s initial report and written letter as an abuse allegation requiring immediate reporting and investigation, as required by the facility’s own abuse and neglect policy and federal guidelines.

The facility’s own documentation shows that the reportable form listed the date and time the facility became aware of the incident as a later date and time, even though R44 had already reported the threat to the receptionist and had written a letter that was placed in the administrator’s mailbox earlier. The receptionist acknowledged not contacting the administrator as required when an allegation or witness of abuse occurs. The Executive Director acknowledged that he did not submit an initial reportable or start an investigation when he first spoke with R44 and that he should have reported the abuse allegation the previous day. As a result, the alleged perpetrator continued to work on the unit until the Executive Director later identified the CNA and suspended her pending investigation. This sequence of events demonstrates that the facility did not respond appropriately and immediately to the alleged violation of abuse, contrary to its written policy requiring immediate protection of residents, prompt notification to authorities, and timely initiation of an investigation.