F0656

J

Failure to Follow No-Male-Caregiver Care Plan Resulting in Resident Abuse

Syracuse, New York Survey Completed on 03-04-2026

Penalty

No penalty information released

Summary

The deficiency involves the facility’s failure to implement a comprehensive, person-centered care plan consistent with resident rights for a resident with a documented restriction against male caregivers. The resident had diagnoses including traumatic brain injury and anxiety, with a Minimum Data Set dated 01/22/2026 indicating severely impaired cognition, verbal and behavioral symptoms directed toward others, and a need for moderate assistance or dependence for most ADLs. The comprehensive care plan dated 01/23/2026 documented behaviors related to traumatic brain injury, including verbal and physical aggression toward staff, and included specific interventions: two caregivers for care, no male caregivers, and 1:1 supervision during the night shift due to falls. Undated care instructions also documented two staff for all care and no male caregivers.

Despite these documented interventions, multiple CNA assignment sheets showed male CNAs being assigned to the resident. Assignment sheets dated 02/01/2026, 02/09/2026, and 02/12/2026 listed a male CNA assigned to the resident on the 7:00 AM–3:00 PM shifts. The 02/03/2026 CNA assignment sheet documented a male CNA assigned as the resident’s 1:1 during the 11:00 PM–7:00 AM night shift, contrary to the care plan specifying no male caregivers. Interviews with the Assistant DON and other staff confirmed that the resident was more agitated and aggressive toward males, that the spouse agreed with this, and that the care plan had been updated to include no male caregivers, with this information also placed on the care card accessible to CNAs.

On the night shift when a male CNA was assigned 1:1, an incident of abuse occurred. According to the 02/04/2026 incident report and witness statements, during morning care at the end of the night shift, the resident became combative while being assisted by the male CNA assigned as 1:1 and another CNA. One CNA interlocked hands with the resident to de-escalate, and the resident spat at the male CNA. The male CNA was then witnessed forcefully pushing the resident’s face down into a pillow, causing scratches over the resident’s face and neck. Multiple staff interviews, including with an LPN, a unit manager, the RN supervisor, the NP, and the Medical Director, confirmed that the resident was care planned to have no male caregivers, that male caregivers triggered the resident, and that the care plan should have been followed. The DON acknowledged that the care card directed care and that CNAs, LPNs, and the RN supervisor were supposed to review it at the beginning of their shift, but the male CNA was nonetheless assigned and involved in the resident’s care, in violation of the care plan.