Failure to Timely Report and Investigate Alleged Abuse
Summary
The facility failed to implement its abuse policy and procedure by not timely reporting and investigating an allegation of abuse involving one resident. Resident #45 had an admission date of 06/09/26, diagnoses including diabetes mellitus, anxiety disorder, fibromyalgia, chronic pain syndrome, bilateral primary osteoarthritis of the hip, difficulty walking, and COPD, and an admission MDS showing intact cognition. The resident required substantial to maximal assistance with toileting hygiene, was dependent for lower body dressing, and was frequently incontinent of bowel and bladder. On 06/18/26, the resident told OT staff that she felt she had been sexually assaulted when nursing placed a pillow between her legs. The OT documented that the resident was crying, stated an aide shoved a pillow between her thighs and near her vagina, and reported the concern to the director of rehabilitation and the nursing unit manager. A CNA also observed a pillow between the resident’s thighs and the allegation was reported to the Unit Manager. The record contained no documented abuse allegation, no documented skin observation or assessment after the report, and the paper Head-to-Toe assessment noting the resident was poorly groomed, alert and oriented, argumentative, and offered hospital transfer was not located in the medical record. The resident later told the provider she was irritated with the care provided and had already made her complaint to have it addressed. During interviews, the resident stated an aide had shoved a pillow between her legs by her vagina and had whispered an expletive in her ear, and she said she had complained to the Administrator and DON but the aide still worked with her. The LNHA acknowledged awareness of the allegation but stated the facility determined it was a fabrication because the resident had accusatory behaviors, and confirmed no self-reported incident was filed with the state agency at the time of the allegation. The OT and CNA both stated the allegation was reported, and the OT stated she had not heard anything further about the findings. The facility policy required identification, investigation, and reporting of all possible abuse incidents within required timeframes, but the facility did not file the SRI until after surveyor questions.
Penalty
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