Failure to Notify Physicians and Conservators After Sexual Abuse Allegation
Summary
The deficiency involves the facility’s failure to notify physicians and conservators of a change in condition following an allegation of sexual abuse involving three residents. Resident 1, who had schizoaffective disorder and moderately impaired cognition but was independent with ADLs, reported that she was raped by her roommates, Resident 2 and Resident 3, on or about 4/13/2026 or 4/14/2026. This allegation was documented on an SOC 341 form dated 4/14/2026. The SOC 341 form did not indicate that the physicians or conservators for Resident 2 and Resident 3 were notified of the allegation. Resident 2 had a diagnosis of schizophrenia, intact cognition, and was independent with ADLs. Resident 3 had schizoaffective disorder, intact cognition, and was also independent with ADLs. Review of Progress Notes and Change of Condition Notes for Residents 2 and 3 from 4/13/2026 through 4/15/2026 showed no documentation that their physicians or conservators were notified of Resident 1’s allegation of rape involving them. LVN 1 confirmed during interview that the facility’s standard process required initiation of a Change of Condition Note to ensure physician and conservator notification after such an allegation, and acknowledged that in the absence of this documentation, those notifications were not completed. RN 1, who was the assigned nurse for all three residents when the allegation was reported on 4/14/2026, stated she did not notify the physicians or conservators for Residents 2 and 3 because she did not believe the allegation was substantiated. Resident 3’s conservator reported not receiving any emails or calls from the facility regarding the allegation of sexual misconduct. The DON stated that for any allegation of sexual abuse, licensed nursing staff were expected to initiate a Change of Condition Note to ensure notification of the physician and conservators for all residents involved, including alleged perpetrators, and that this was necessary to address potential changes in the residents’ mental or physical condition. Facility policies on Reporting of Unusual Occurrences and Change in a Resident’s Condition required physician and conservator notification when unusual occurrences or changes in medical or mental condition occurred, including incidents and changes in psychosocial status, within the shift in which the change occurred.
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