Failure to Prevent Recurrent Sexually Inappropriate Contact Through Adequate Supervision
Summary
The deficiency involves the facility’s failure to provide adequate supervision and implement appropriate interventions to prevent recurrent sexually inappropriate contact by one resident toward others. The resident had Alzheimer’s disease, dementia, severe cognitive impairment with a BIMS score of 3/15, and an activated POA for healthcare. The care plan included an intervention for cares in pairs due to sexually inappropriate behavior toward staff, but it did not include interventions to prevent the resident from inappropriately touching other residents, despite a documented incident in which the resident touched another resident’s breast in the dining room. The facility’s abuse, neglect, and exploitation policy required identification, ongoing assessment, care planning, and monitoring of residents with behaviors that might lead to conflict or abuse, as well as staff training on behavioral symptoms that increase the risk of abuse. On the survey date, the resident was observed seated in a wheelchair in the dining/lounge area between a CNA and another resident with severe cognitive impairment (BIMS 0/15) and an activated POA for healthcare. The resident repeatedly reached out and touched the CNA’s leg and then touched the adjacent resident, with the CNA redirecting the resident’s hand and verbally instructing the resident not to touch. After the CNA was called away, the resident continued to touch the other resident’s arm and blanket, causing the other resident to grimace and attempt to pull away, until another CNA arrived and removed the other resident. Staff interviews revealed that some CNAs were unaware that the resident should not be seated within arm’s reach of female residents and reported that the resident had previously been on 1:1 supervision and had a history of inappropriately touching staff. The resident was also observed by the surveyor attempting to pull a surveyor toward them and reaching toward the surveyor’s chest, further demonstrating ongoing sexually inappropriate touching behavior in the absence of effective preventive interventions and supervision.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Trusted data from CMS and state health departments
Every citation, penalty and Plan of Correction is sourced from public CMS records (latest release August 26, 2026) and official state health department websites — never guesswork.
In your survey window? See what surveyors are citing.
The Survey-Prep Report maps your facility's risk from 12 months of CMS and state citation data — what's being cited around you and what to check first. $129 one-time.