Failure to Separate Residents After Alleged Sexual Contact
Summary
The facility failed to recognize and assess risk factors for possible sexually inappropriate behavior and failed to maintain separation between two residents after an allegation that one resident had inappropriately touched the other during a smoke break. The reportable, witness statements, and interviews indicated Resident #40 reported that Resident #50 touched them in the chest/breast area while both were outside smoking, and Resident #40 was described as very displeased and uncomfortable. Resident #40 had diagnoses including dementia and cognitive communication deficit, but the quarterly MDS showed a BIMS score of 15 and indicated the resident was cognitively intact and did not use a mobility device. Resident #50 had diagnoses of vascular dementia and other sexual disorders, and the care plan documented hypersexual behaviors including grabbing CNAs inappropriately and making sexually inappropriate comments. The record also showed an injectable medication related to the sexual dysfunction diagnosis. Despite the allegation and the facility’s awareness that the residents were to be separated, an observation later showed Resident #50 seated immediately next to Resident #40 in the smoking area during a smoke break. Resident #40 stated they were not happy that Resident #50 had been seated next to them and again asked whether Resident #50 was going to jail. Staff interviews showed inconsistent understanding and implementation of the separation instruction. One CNA stated she was unaware the residents were not to sit together, another CNA stated she placed Resident #50 next to Resident #40 because it was the only spot available and said she had not been told by the DON, ADON, or Administrator to keep them apart, and the DON stated he believed keeping them from sitting next to each other was the appropriate intervention. The Administrator stated it was not acceptable to place the residents next to each other and that the DON or designee should have immediately instructed staff to keep them separated. The facility abuse prevention policy stated residents have the right to be free from abuse and that administration will protect residents from abuse by anyone, including other residents.
Penalty
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