Inappropriate staff-resident relationship and unsupervised outing
Summary
The facility failed to ensure CNA 1 followed the employee code of conduct by engaging in an inappropriate relationship with Resident 99. Resident 99 was admitted with diagnoses including TIA, ESRD, anarthria, dysphagia, and right-sided hemiplegia, and the MDS indicated the resident used a wheelchair, required total physical assistance for transfers, and had moderately impaired cognitive patterns. The facility’s Employee Handbook required employees to avoid actual or potential conflicts of interest and to disclose relevant circumstances to supervision. CNA 1 arranged and paid for a private transportation company to take Resident 99 from the facility to a bank in Pasadena and back, without informing the Admin, DON, or other staff. CNA 1 confirmed the resident traveled alone and stated the resident was transported without adequate supervision. The DON confirmed the resident left the facility without adequate supervision and that CNA 1 paid for the transportation. The facility’s Therapeutic Leave Policy required residents on therapeutic leave to sign the Release of Responsibility form, and the record review found no documented evidence that Resident 99 signed in or out for out-of-pass leave in April 2026. CNA 1 also visited Resident 99 at GACH 1 on multiple occasions while the resident was hospitalized, wore scrubs without an identification badge, and stated the visits were to help feed the resident. CNA 1 bought protein bars for Resident 99 despite a physician order for a minced and moist diet related to dysphagia, and the DON stated the resident should not have been receiving protein bars. FM 1 reported observing CNA 1’s continued contact with Resident 99 and read text messages on the resident’s phone, including a message from a contact with CNA 1’s first name stating, “Hi [NAME], how are you today? I can't wait to see you. I miss you.” The DON stated the relationship involved romantic text messages, visits at the hospital, and purchasing bottled water and protein bars, and the Admin acknowledged awareness of the email from FM 1 and the visits to GACH 1.
Penalty
Resources
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