Incomplete Abuse Investigations for Two Cognitively Intact Residents
Penalty
Summary
The deficiency involves the facility’s failure to conduct complete and thorough investigations into allegations of abuse for two cognitively intact residents. Facility policy states there is zero tolerance for abuse, neglect, and exploitation and that documentation of abuse investigations must be objective and factual, including who, what, when, where, and witness statements. Despite this, the investigations did not include all relevant interviews or comprehensive documentation as required by the policy and federal regulation. For one resident with dementia but a BIMS score of 15, the resident reported that on a late evening two staff members, identified as a male and a heavy-set female nursing assistant, turned the resident violently while providing incontinence care, that the male staff member hit the resident, and that there was swearing by both the resident and the male staff member. The resident stated the male staff member had a very strong grip and that the female staff member was the aide who cared for the resident that night. The investigation documentation included a nursing supervisor’s note that the resident denied pain or injury and that no bruising was observed, and that the male aide was identified by another aide. However, there was no documented evidence that other staff or residents on the unit were interviewed regarding the alleged incident. For another resident admitted with a left fibula fracture and a BIMS score of 15, who had a care plan for verbal aggression and inappropriate verbal behavior, a grievance was filed alleging that a registered nurse spoke to the resident in an unprofessional manner and cursed at the resident. The investigation file contained statements from the ADON and social worker indicating they heard a commotion and heard the nurse refer to the resident as “boy,” followed by the resident’s upset response, and that there was no observed physical contact. Despite these accounts, there was no documented statement from the resident involved or from other residents on the unit. The DON confirmed that no interviews were conducted with the resident or other residents after the incident and described investigation materials as being scattered among different staff and offices rather than compiled.
Plan Of Correction
1. A thorough investigation of allegations of abuse was conducted for Resident R1 and Resident R3. Interviews and witness statements as applicable with other staff and/or residents completed for alleged abuse for Resident R1 and R3. 2. A review of facility investigation procedures was reevaluated. Facility administration will ensure thorough investigations including but not limiting to collecting witness statements and conducting staff/resident interviews for any alleged abuse cases are completed. 3. The Director of Nursing was educated and in-serviced by the Administrator on ensuring a complete and thorough investigation is complete for all allegations of resident abuse. Statements and interviews to be conducted where applicable and ensure timely reporting of incidents and documentation to the Administrator and the Department of Health. 4. The Administrator/Designee will monitor all reportable incidents pertaining to resident abuse/neglect and any identified non-compliance with reporting procedures will be reported to the QAPI committee.
