Failure to Report and Investigate Abuse Allegations
Summary
The facility failed to implement its abuse policy for allegations involving resident-to-staff and resident-to-resident abuse. The report states that the facility did not notify the appropriate State Agencies and did not thoroughly investigate allegations involving three residents. The deficiency was based on clinical record review, facility documentation, staff interviews, and policy review. For one resident, who had diagnoses including unspecified mood disorder, suicidal ideations, anxiety disorder, and depression, a nurse documented that the resident reported being in a physical altercation with a CNA and had visible scratches to the arms. The DON and NP were notified, and later documentation reflected conflicting accounts from the resident, including statements that the scratches were self-inflicted and that the resident had slapped and choked the CNA. The resident’s record showed a BIMS of 14 and behaviors including delusions, physical and verbal behavior, and rejection of care. Staff interviews reflected that the resident was known for making false accusations, and the Administrator stated the allegation was not considered reportable because the resident said she was the aggressor. The report also noted that the CNA involved continued to work shifts after the initial allegation and was not placed on administrative leave until several days later. For two other residents, one resident was found standing over the other while the other resident stated that the roommate had walked up and started hitting him. The record documented that the residents were separated, one resident was placed on 1:1, and the injured resident had a bruise and later a skin tear and discoloration on the left hand. The resident who was alleged to have caused the injury had diagnoses including anoxic brain damage, hydrocephalus, PTSD, major depressive disorder, unspecified dementia, and unspecified mood disorder, with a BIMS of 1 and documented physical behaviors and aggression. Staff interviews described the incident as resident-to-resident abuse, with one CNA stating the resident was over the other resident in bed and another stating the residents were fighting when staff arrived. However, the Administrator stated the event was not considered abuse because there was no willful intent and therefore was not reported. The facility policy required suspected abuse to be reported immediately to the administrator and other officials according to state law, with immediate defined as within 2 hours for allegations involving serious bodily injury or within 24 hours for allegations not involving serious bodily injury.
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