Failure to Supervise Resident With Aggressive and Inappropriate Sexual Behaviors
Summary
The facility failed to properly supervise a resident with a history of anxiety, psychosis, major depressive disorder, moderate cognitive impairment, verbal aggression, pacing, wandering, and prior inappropriate behavior toward female staff and residents. The resident’s care plan called for close supervision, 24-hour hourly monitoring, hourly location monitoring, and hourly behavior logs, but the record showed multiple gaps in monitoring documentation after behavioral incidents, including after he threatened roommates and staff, stole roommates’ belongings, paced in the hallways, and had angry outbursts. The DON stated the resident was known to pace at night and attempt to touch female staff, and the facility’s internal behavioral monitoring binder was incomplete. The resident was observed and reported entering other residents’ rooms and engaging in inappropriate conduct. One bedbound resident reported that the resident repeatedly came into her room, stood at the foot of her bed, and stared at her, which made her feel very uncomfortable. Another resident reported that the resident entered his room, kissed his feet, played with his own genitals, and threatened him when asked to leave, leaving him feeling disgusted, helpless, and unsafe. A third resident reported that the resident entered his room, stared at him while rubbing his genitals, and made him feel very uncomfortable and unsafe. These residents were dependent on staff for care, and two were bedbound or unable to move independently. The record also showed that the resident’s behavioral issues were not consistently monitored or documented as required. After a change in condition for verbal threats and stealing, licensed nurse progress notes did not include monitoring documentation for several shifts. After a later change in condition for pacing and angry outbursts, progress notes again lacked documentation for additional shifts. Staff interviews confirmed that the resident’s behavior monitoring did not begin until after the initial behavioral incident and that the facility was not aware of some of the resident’s inappropriate conduct because it had not been reported or documented. The DON stated that if she had known about the threatening behavior, she would have pushed for immediate psychiatric evaluation and transfer for further medical and psychological assessment.
Penalty
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