F0609

D

Failure to Timely Report Suspected Employee‑to‑Resident Abuse to State Agency

Kansas City, Missouri Survey Completed on 03-12-2026

Penalty

No penalty information released

Summary

The deficiency involves the facility’s failure to timely report an employee‑to‑resident altercation with injuries and possible abuse to the state survey agency within the required time frame. The facility’s Abuse and Neglect Policy requires that all allegations of abuse, neglect, exploitation, mistreatment, injuries of unknown origin, and misappropriation of resident property be reported immediately to the Administrator and to appropriate agencies within prescribed state and federal time frames, including within two hours in cases of serious bodily injury. Despite this policy, an incident involving physical contact between the DON and a resident on the evening of 03/06/26 was not reported to the state agency within two hours of occurrence or discovery.

The resident involved had diagnoses including schizoaffective disorder, bipolar type, PTSD, anxiety, and autistic disorder, and was assessed as cognitively intact on a recent MDS. Video footage from the date of the incident showed the DON and other nursing staff responding to a behavioral code near the resident’s room. The footage documented the DON extending both arms toward the resident’s neck/clavicle area, placing a hand or forearm against the resident’s clavicle/neck, raising and extending both arms toward the resident’s upper body while the resident attempted to block, and positioning a foot between the resident’s legs while the resident was pushed against the wall. The DON was also seen pushing the resident’s back against the wall and holding the resident there, while other staff, including an LPN, RN, and the Assistant Administrator, were present and at times attempted to separate the DON from the resident. Staff interviews indicated that at least one nurse believed the incident was not appropriate and that the DON did not follow CPI training.

Following the incident, documentation in the medical record and initial internal reporting focused on the resident’s self‑injurious behavior and the use of CPI techniques, and did not immediately characterize the DON’s actions as potential abuse. The Assistant Administrator reported to the Administrator that the resident had engaged in self‑harm but did not report that the DON had put hands on the resident’s neck or failed to follow CPI techniques. The LPN and RN who witnessed the event did not directly report suspected abuse to the Administrator or external agencies at the time, relying instead on the Assistant Administrator to contact the Administrator, and one staff member expressed fear of retaliation due to the DON and Assistant Administrator being superiors. The Administrator later learned of the alleged abuse from the LPN on a subsequent date and then initiated the facility’s Initial Reporting Form, which was dated 03/08/26, indicating physical abuse as the allegation type. This sequence of events resulted in the allegation of employee‑to‑resident abuse with injury and possible serious bodily harm not being reported to the state survey agency immediately, and not within the required two‑hour timeframe after the incident occurred or was discovered.

Additional delay occurred when the Initial Reporting Form, once prepared, was not successfully transmitted to the state and federal agencies on the first attempt. The Administrator provided the report to the receptionist to fax on the morning of 03/09/26. The receptionist sent the fax but did not verify successful transmission at that time and only checked the transmission report when the Administrator later requested proof of faxing, at which point the transmission was shown as failed. The receptionist did not refax the report after seeing the failure because the Administrator requested the report back. These actions and inactions by multiple staff members, from the time of the incident through the failed fax transmission, contributed to the facility’s failure to ensure that the suspected abuse incident was reported to the state survey agency within the required regulatory timeframe.