Failure to Protect Residents From Alleged Sexual Abuse and Dignity Violations by a Nurse Aide
Summary
The deficiency involves the facility’s failure to promptly implement protective measures after multiple residents made allegations of sexual abuse and dignity violations by a male nurse aide. Facility policy stated that each resident has the right to be free from abuse. Resident 14, who was cognitively intact, minimally dependent for daily care, and always continent of urine, filed a grievance stating that the nurse aide entered her room around 5:00 a.m. while she was sleeping and put his hand inside her pants to see if she was wet, despite her not having a history of incontinence. She reported that he touched her genitalia inappropriately, felt violated, and immediately requested to speak with a nurse, but an LPN did not come until about 7:30 a.m. She stated that when she reported the incident to the LPN, she felt dismissed and that staff treated the matter as unimportant. Resident 6, who was cognitively intact and usually incontinent of urine and bowel, filed a grievance describing an incident during incontinence care with the same nurse aide. She reported that when he answered her call bell at midnight, he initially told her that day shift would change and reposition her, but she insisted he provide care because day shift would not arrive for several hours. She stated that he told her she was not allowed to defecate and reacted by saying, "oh my gosh, you pooped everywhere." He then removed her nightgown and brief and left the room twice to gather supplies, leaving her naked on the bed with the door and curtain open. She reported that he asked if she slept in the nude, said he liked looking at naked women while looking at her, and mentioned another resident he liked to look at naked. She also reported that he told her a coworker had accused him of touching her inappropriately and that he had been supposed to be suspended but was kept on due to staffing needs. Resident 6 stated she was not afraid for herself but feared for residents who could not speak for themselves. Resident 7, who was cognitively intact, required help to get in and out of the bathroom, and was always incontinent of urine and bowel, reported that she did not want the same nurse aide to provide care. She stated that he startled her awake by sticking his hand inside her brief to see if she was wet and that he should have asked her first, as other staff did. She reported that she did not like him putting his hand in her brief and did not want him back in her room. Resident 1, who was cognitively intact, required observation for ambulation, and was frequently incontinent of urine and bowel, was the subject of a grievance initiated by a family member. The family member reported that Resident 1 called her at 1:00 a.m. crying, stating that the nurse aide had put his hand inside her brief while she was sleeping and that his fingers penetrated her vagina, and that he had done this two or three other times. The family member reported that Resident 1 said she was afraid she was going to be raped and believed the aide had been fired, which made her feel safe, although he had not been terminated at that time. Following the incident with Resident 1, another nurse aide reported that Resident 1 told him "that man put his hand in my pants and touched my private area," and he immediately informed an LPN. The LPN stated that Resident 1 told her the male nurse aide on night shift put his hand inside her brief and that his fingers penetrated her vagina, and the LPN reported this to an RN. The RN reported that she immediately informed the Director of Social Services, stating that Resident 1 said the aide put his hand in her brief and his finger inside her vagina, and was told by the Director of Social Services and the Assistant DON that they were already aware of the situation, so she took no further action. Another RN reported asking the Nursing Home Administrator about filling a night-shift schedule hole because she believed the aide would not be returning after the allegations, and the Administrator stated he was not aware of the allegation. The Director of Social Services later stated she did not believe any abuse had occurred, emphatically denied that the resident had been sexually abused, and denied being told by the family member, RN, or Administrator that the aide had touched the resident’s crotch or digitally penetrated her. An undated list from the acting DON showed that the nurse aide was not permitted to work with Residents 1, 6, or 7, and that he was not to work with Resident 6 after her allegation on January 2, 2026, and not to work with Resident 7 after her allegation of sexual abuse in January 2026. However, task records showed that he continued to work with Resident 6 on multiple dates in January, March, and April 2026, and with Resident 7 on several dates in February and April 2026. The acting DON acknowledged that the aide should not have worked with Residents 6 or 7 on those dates. The Nursing Home Administrator and acting DON stated that they did not consider the allegation involving Resident 1 and the aide to be abuse and treated it as a grievance, and the acting DON stated she was not aware of any sexual abuse allegations. The Administrator stated that when he became aware of the allegation, he had the Director of Social Services speak with Resident 1 and was told that the resident’s story had changed, so they concluded the incident did not happen. Surveyors determined that the facility failed to ensure immediate and adequate safeguards to protect residents from sexual abuse by the aide, resulting in an Immediate Jeopardy finding.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
A CNA aggressively slapped and grabbed a resident’s wrist during lunch feeding assistance, then roughly pulled the resident’s hand off his shirt sleeve after she had grabbed it. The CNA had prior disciplinary actions, including a previous feeding incident in which a resident choked and required the Heimlich maneuver. A nurse later assessed the resident and found no bruises or cuts.
A facility failed to protect two residents from resident-to-resident physical abuse. In one incident, a resident with dementia and cognitive impairment was struck during a dispute over TV volume and responded by scratching the other resident. In another, a resident with dementia and physically aggressive behaviors scratched a roommate’s face, leaving superficial marks. Staff interviews and clinical records confirmed both altercations and the resulting injuries.
A resident with a left ankle fracture, muscle weakness, and total-assist transfer needs was supposed to receive 2-person assistance and remain NWB on the left leg. Instead, a nurse aide transferred the resident with only one staff member during a toilet-to-wheelchair transfer, and the resident heard a pop and developed increased pain. X-ray and hospital imaging confirmed fractures of the distal R tibia and fibula, and the facility substantiated neglect for not following the care plan.
Failure to Protect Resident from Repeated Room Intrusions: A cognitively intact resident with depression and hip OA was repeatedly frightened when another resident with dementia and wandering behaviors entered her room, took belongings, and could not be reliably redirected. Staff used a stop sign banner and other barriers, but the other resident continued to enter the room, and the resident became so fearful that she requested discharge before completing her therapy goals.
Failure to protect a resident from alleged physical abuse: A resident with COPD, speech disturbances, and dysphagia reported that an LPN pushed them in the chest during med pass after they refused meds, causing them to fall. The resident had no visible injuries, but the report was documented by nursing staff and the NP, and the resident later reiterated by writing/gestures that the LPN pushed them. The LPN denied pushing the resident and described the contact as accidental, while the facility concluded there was no evidence of abuse.
A resident-to-resident sexual abuse allegation was not thoroughly investigated, and the resident was not promptly protected or monitored after the allegation. In a separate issue, a handwritten sign with personal care instructions was posted above another resident's bed, and an RT, LPN, RN, and CNA all acknowledged it was a privacy and dignity concern and against facility policy.
Failure to Protect Resident from Abuse During Feeding Assistance
Penalty
Summary
The facility failed to ensure a resident’s right to be free from abuse during lunch assistive feeding. While standing about 3 feet from the lunch table, the surveyor heard a CNA aggressively slap Resident #56’s left wrist and observed the CNA grab the resident’s left wrist and roughly pull her hand off of his shirt sleeve after she had grabbed it. The surveyor then continued observing the meal and later reported the incident to the DON and Administrator. Resident #56 was assessed by a licensed nurse after the incident, and no bruises or cuts were found on her wrists. The CNA involved had been hired by the facility in 2024, had signed the facility’s Resident Abuse Procedural Summary, and had attended behavior training in 2026. The CNA also had three prior disciplinary actions, including a prior incident in which a resident choked after being given too large a bite during assistive feeding and required a Heimlich maneuver.
Failure to Protect Residents from Resident-to-Resident Physical Abuse
Penalty
Summary
The facility failed to ensure two sampled residents were free from physical abuse by other residents. One resident with dementia, anxiety, chronic pain, visual hallucinations, and moderate cognitive impairment was involved in an altercation with a roommate after a disagreement about TV volume. The incident escalated when the roommate attempted to take the TV remote and struck the resident with an open hand, and the resident responded by scratching the roommate. The record also documented a new scratch on the resident’s left hand and later noted that the resident no longer wanted to share a room with the other resident. The other incident involved a resident with dementia and significant cognitive impairment who had a behavior care plan for impaired safety awareness and physically aggressive behaviors. The record stated that the resident clawed a roommate in the face, leaving superficial scratches and red marks on the roommate’s chin and cheek. The roommate’s record reflected ongoing monitoring for scratches to the chin and neck, and the roommate stated that the other resident reached up and ran fingernails across her face while they were getting up for breakfast. Facility documentation and staff interviews confirmed both resident-to-resident incidents. Staff described the first event as a physical altercation triggered by conflict over TV volume, and the second as an incident in which one resident scratched another resident’s face. The DON stated the facility investigated and reported the incidents, and also acknowledged that the documentation surrounding the second event was inconsistent and did not meet expectations or policy. The cited deficiency was based on the facility’s failure to ensure the residents were protected from physical abuse by other residents.
Failure to Follow Two-Person Transfer Plan Resulted in Resident Fractures
Penalty
Summary
The facility failed to protect a resident from neglect when staff did not follow the resident’s individualized transfer plan requiring assistance from two staff members. The resident was admitted with a left lower leg trimalleolar fracture, polyosteoarthritis, and muscle weakness, and the MDS indicated the resident was cognitively intact but required total assistance for transfers and toileting. The comprehensive care plan and physician orders both directed staff to provide two-person assistance for transfers and to maintain non-weight-bearing status on the left lower extremity. During a transfer from the toilet to a wheelchair, one nurse aide assisted the resident without a second staff member. According to the documentation, the resident stood without difficulty, but during the pivot transfer the resident’s right foot turned inward and both the resident and the aide heard a loud pop. The resident immediately reported increased pain. Later that day, x-ray findings identified an acute fracture of the right tibia, and the resident was transferred to the hospital emergency department for further evaluation and treatment. Hospital imaging confirmed fractures of the distal right tibia and fibula, and the resident was scheduled for surgical repair. The facility’s investigation determined that the aide transferred the resident with only one staff member despite the care plan and physician order requiring two staff members, and that this failure directly resulted in the resident sustaining the fractures. The facility substantiated caregiver neglect and terminated the employee following the investigation.
Failure to Protect Resident from Repeated Room Intrusions
Penalty
Summary
The facility failed to protect a cognitively intact resident with osteoarthritis of the right hip and major depressive disorder from mental abuse by another resident. The resident was admitted as a vulnerable adult and her care plan identified a goal of being free from abuse, neglect, or financial exploitation, but it did not include interventions to protect her from abuse. The resident later reported that another resident repeatedly entered her room, scared her, and took belongings, and she asked staff to contact her lawyer. She also began using a stop sign banner across her door and later barricaded her room with a walker, closet door, and bedside table because she was afraid of the other resident. The other resident had moderate cognitive impairment, vascular dementia with agitation, and Alzheimer’s disease, and his care plan documented restlessness, agitation, sundowning, wandering into other residents’ rooms, and urinating in public. Progress notes showed repeated episodes of wandering into other residents’ rooms, difficulty with redirection, aggression toward staff, and disruptive behavior in resident rooms. Notes also documented that he entered the affected resident’s room on multiple occasions, and staff observed that he could move barriers out of the way and continue entering the room despite attempts to block access. Staff interviews confirmed that the resident was very scared of the other resident and that the repeated room intrusions continued over several days. Staff stated that stop sign banners did not stop him, closed doors did not stop him, and that it often took two or more staff to remove him from rooms. The resident requested discharge from the facility and left before reaching her maximal level with therapy services. Therapy documentation stated she was improving but still needed higher-level therapy before discharge, and the therapy director stated her early discharge was because she could not remain in the facility due to the other resident coming into her room. Facility records also showed staffing levels that were below the facility assessment on several shifts, and the assignment sheets did not identify a staff member assigned to 1:1 observation for the wandering resident.
Failure to Protect Resident from Alleged Physical Abuse
Penalty
Summary
The facility failed to ensure that a resident was free from physical abuse when a nurse allegedly made physical contact with the resident during medication administration. Resident #7, who had diagnoses including COPD, speech disturbances, and dysphagia, had intact cognition on the MDS dated 03/18/2026 and was care planned as at risk for misappropriation, neglect, abuse, and/or exploitation. On 04/08/2026, the resident reported to the RN supervisor that an LPN pushed them in the chest after they refused medications, causing them to fall to the floor. The resident was assessed and no visible injuries were noted. The resident’s report was documented in nursing and medical progress notes, and the facility’s investigation recorded that the resident was visibly upset while describing the incident. The LPN denied the allegation and stated that any contact was accidental, describing that the resident was close behind them as they left the room and that the resident’s chest contacted their back or shoulder. The RN supervisor, DON, and NP each documented interviews and assessments in which no bruising, swelling, or visible injury was found, and the resident later communicated by writing and gestures that they had told the LPN to leave the room and that the LPN pushed them in the chest and they fell. The facility concluded there was no evidence of abuse, neglect, exploitation, or mistreatment, despite the resident’s allegation and the conflicting accounts from the LPN and resident. The RN supervisor stated law enforcement was notified and police interviewed the resident and the LPN, but no report was filed. The DON later stated the contact was accidental and that the resident’s reporting was inconsistent regarding whether a fall occurred.
Failure to Protect Resident from Abuse and Maintain Privacy
Penalty
Summary
The facility failed to ensure a resident was free from abuse when a resident-to-resident sexual abuse allegation was not thoroughly investigated and the resident was not promptly protected or monitored after the allegation. The report states this involved 1 of 52 sampled residents, Resident 45, and that the deficient practice had the potential to place the resident at risk for continued abuse, emotional distress, fear, anxiety, a diminished sense of safety, and delayed implementation of interventions necessary to protect the resident from further abuse. The facility also failed to protect the privacy and confidentiality of Resident 58. Resident 58 was admitted with diagnoses including chronic obstructive pulmonary disease. During observation, a handwritten sign reading, "Attention please no briefs chucks only!!" was posted above the resident's bed and remained there on a later observation. Staff members including a Respiratory Therapist, LPN, RN, and CNA each acknowledged the sign was visible above the bed and stated it was a privacy, dignity, and policy issue. A facility Residents Rights policy stated residents have the right to privacy and confidentiality with personal care and medical records, and that resident medical and personal care information is private and staff are required to respect and uphold resident privacy at all times.
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