CRITICAL
(K)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Report Alleged Abuse
(Tag F0609)
Someone could have died · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on clinical record review, Resident Group and staff interviews, observations and facility policy review, the facility fail...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on clinical record review, Resident Group and staff interviews, observations and facility policy review, the facility failed to maintain an environment free of psychosocial and physical abuse by not identifying and/or reporting abuse immediately but not later than 2 hours- if the alleged violation involves abuse or results in serious bodily injury. Staff B, Certified Nursing Assistant (CNA) reportedly grabbed a resident's hands and made her hit herself in her face on early morning of 7/4/23 (Resident #8). This was not reported until 7/14/23. Staff B reportedly was yelling at a resident and grabbed her wrists early morning of 7/3/23. This was not reported (Resident #9). Both residents were cognitively impaired. During the investigation, staff reported other incidents that they did not report as well (Resident #10 and Resident #13). This failure to report possible abuse in a timely manner created an immediate jeopardy (IJ) to the health and safety of the residents. The facility reported a census of 54 residents.
On 9/28/23 at 1:20 PM, the Iowa Department of Inspections, Appeals and Licensing (DIAL)staff contacted the facility staff to notify them the Department staff determined an Immediate Jeopardy situation existed at the facility beginning on 7/4/23 when the incident was not reported on to DIAL. The facility staff removed the immediacy on 9/28/23 and decreased the scope to E, after the facility staff completed the following:
a. All staff were educated on 9/28/23 which includes review of the Abuse Policy, reporting abuse and conducting an abuse investigation.
b. Immediately began educating staff on the abuse policy, with an emphasis on the reporting procedures for abuse.
c. Facility Administrator and Director of Nursing (DON), monitored staff and residents for signs of abuse and or failure to report. This included visual observation, short interviews with staff to ensure abuse identification, and reporting procedures were understood.
Findings Include:
1. A Minimum Data Set (MDS) dated [DATE], documented diagnoses for Resident #8 included non-Alzheimer's dementia and schizophrenia. A Brief Interview for Mental Status (BIMS) documented as being unable to complete. The MDS identified the resident's cognitive skills for daily decision making was severely impaired. Resident #8 required extensive assist of 2 staff for bed mobility, transfer, dressing and toilet use.
A Care Plan with a Focus Area initiated on 2/9/23, directed staff that Resident #8 displayed mood and behavior problems related to diagnosis of schizophrenia and unspecified dementia with agitation, diagnosis of adjustment disorders with mixed anxiety and depressed mood.
This Care Plan had interventions initiated on 2/9/23, that directed staff to:
a. Provide physical and verbal cues to alleviate anxiety; give positive feedback, assist verbalization of source of agitation, encourage as much participation/interaction by the resident as possible during care activities.
b. Give clear explanation of all care activities prior to and as they occur during each contact.
c. If resident resists with Activities of Daily Living (ADL's), reassure resident, leave and return 5-10 minutes later and try again.
d. Intervene as necessary to protect the rights and safety of others. Approach/speak in a calm manner.
e. Provide resident with opportunities for choice during care provision.
f. When the resident becomes agitated: intervene before agitation escalates; guide away from source of distress; engage calmly in conversation; if response is aggressive, staff to walk calmly away and approach later.
A Progress Note with a late entry date for 7/14/23, documented that Resident #8's son spoken to regarding an allegation of abuse. The incident was explained and questions were answered. It documented that the son voiced understanding.
There were no documented Progress Notes dated 7/4/23.
2. An MDS dated [DATE], documented that Resident #9's diagnoses included non-Alzheimer's dementia. A BIMS documented a score of 15 out of 15, which indicated intact cognition. This MDS documented Resident #9 usually understood others and usually could make herself understood. The resident identified independent for transfers and locomotion on and off the unit and required limited assist of 1 for toilet use.
An MDS dated [DATE], documented Resident #9's BIMS score was 12 out of 15, which indicated moderately impaired cognition. This MDS documented that Resident #9 usually understood others, usually could make herself understood and had non-traumatic brain disfunction.
A Care Plan with a Focus Area initiated on 3/23/20, directed staff that Resident #9 had potential for impaired cognitive and communication function related to her diagnosis of multi system atrophy and dementia. This can affect her speech at times and her decision making.
This Care Plan had interventions initiated on 3/23/20, that directed staff to:
a. Assist Resident #9 with her decision making and ensure safety to highest extent possible.
b. Allow adequate time to respond, repeat as necessary. Do not rush. Request clarification from her to ensure understanding.
c. Face when speaking. Make eye contact. Ask yes/no questions if appropriate. Use simple, brief, consistent words/cues.
d. Continue to engage Resident #9 in communication with cares and interactions.
e. Use calm approach when assisting her with her ADL functions.
There were no documented Progress Notes dated 7/3/23.
3. An MDS dated [DATE], documented diagnoses for Resident #10 included non-Alzheimer's dementia. A BIMS score for Resident #10 was 00, which indicated severe cognitive impairment. Resident #10 identified totally dependent on 2 staff for bed mobility, dressing and toilet use.
A Care Plan for Resident #10 had a Focus Area dated as initiated on 3/23/22, that directed staff that Resident #10 had physical behaviors and verbal outbursts toward the staff when they are assisting with his ADLs related to his diagnosis of dementia and anxiety.
This Care Plan had interventions initiated on 3/23/22, that directed staff to:
a. Encourage as much participation/interaction by Resident #10 as possible during care activities.
b. Give clear explanation of all care activities prior to and as they occur during each contact.
c. If Resident #10 is resistive with ADLs, reassure resident, leave and return 5-10 minutes later and try again.
4. An MDS dated [DATE], documented diagnoses for Resident #13 included Traumatic Brain Injury. Resident #13 BIMS score was 15 which indicated intact cognition. This resident required extensive assist of 1 for dressing, which included the putting on and removing of TED hose (compression stockings).
A Care Plan with for Resident #13 had a Focus area dated as initiated on 4/5/22, that directed staff that Resident #13 has an ADL self-care performance deficit related to history of falls at home and issues with chronic and acute pain at times, advanced age and history of arthritis.
The Care Plan had interventions initiated on 4/5/22, directed staff to allow sufficient time for dressing and undressing. Staff will need to assist this resident with all his dressing needs of upper and lower extremities as needed. Extensive assistance at times due to limitations with his arthritis.
On 9/21/23 at 1:00 p.m., during a Resident Group Meeting the residents present were asked if they had been neglected or abused or if they had seen any other residents being neglected or abused. Resident #13 stated there was a guy and a girl that worked in the middle of the night. He stated the guy just didn't have any patience with Resident #13. Resident #13 stated he didn't remember the situation specifically but remembered being very unhappy with the male staff member. Resident #13 stated the man no longer worked at the facility. Resident #13 was unable to recall the male staff member's name.
On 9/26/23 at 4:49 p.m., Staff A, Certified Nurse Aide (CNA), stated that on 7/4/23 at 1:00 a.m., she and Staff B, CNA were doing rounds. Staff A stated that they had went into Resident #8's room to check and change the resident. Staff A stated that typically if there were 2 people one of them would just hold Resident #8's hands and hold them up away from the adult brief. Staff A stated that Staff B grabbed this resident's hands pretty quick and it triggered Resident #8. Resident #8 then called Staff B the devil. Staff A said that Staff B got this look on his face like a 'well I'll show you' kind of look. She stated that Staff B then pushed Resident #8's hands up into her face and that's hard to do. Staff A continued that it was hard to just hold this resident's hands out of the way, let alone move her hands. Staff A stated that Staff B pushed this resident's hands up into her face causing her to hit herself. Staff A stated that this resident kind of like yelled/wailed 'oh my god you hit me in my mouth'. Staff A stated that Staff B told Resident #8 that she 'hit herself'. Staff A stated she then hurried up and got Staff B out of there. Staff A stated that Staff B didn't say anything to Staff A after they left the room and Staff A didn't say anything to Staff B. Staff A stated she really didn't know what to say. Staff A stated she wasn't sure who to report it to since Staff B's spouse was the Supervisor. Staff A added that a couple of weeks prior to this incident, Staff B had told this resident very sternly, like how you would talk to a child, to 'be an adult'. Staff A stated she thought Resident #8 was swatting out at the time. Staff A stated that this resident was kind of modest and reported since this incident, staff have been going in 1 staff member at a time. Staff A explained this resident would say things like 'stop looking at my body'. Staff A said that they've learned that she does much better with one person. Staff A acknowledged she didn't report this incident right away. Staff A reported she knew of another incident that was reported where a resident was flicked in the ear. She stated that another CNA had reported this to Staff C, Certified Medication Aide (CMA)-CMA/CNA Coordinator who was also Staff B's spouse. Staff A stated that they changed the report from flicked him in the ear to brushed his ear when she was getting him ready. Staff A explained Staff C was in charge of the CNAs and educates the CNAs if they need education. Staff A stated that she should have reported the incident earlier, but she had written a letter to the Administrator and put it in her mailbox. Staff A stated the next day the letter was gone. Staff A stated that she had heard that Staff C and the Assistant Director of Nursing (ADON) were going around and asking others if they had ever seen Staff B act out toward residents. Staff A reported she had not seen Staff B ever lay hands on a resident before but he would lash out at staff. She stated that Staff B would go into a resident's room, like an independent resident who would want help with compression stockings and creams on. Staff B stated that Resident #13 was independent and Staff B would get really snippy with Resident #13. Staff A said she had not heard Staff B say anything to Resident #13, but Staff B came out and told Staff A that he (Staff B) had told Resident #13 that he was independent and needed to do those things for himself. Staff A stated this happened approximately 2 weeks before the incident with Resident #8. Staff A reported she didn't know that the Administrator didn't get her letter. Staff A stated Staff D, reported she had seen Staff B do stuff like this all the time. Staff A explained that Staff D said she hadn't reported anything because Staff B's spouse was Staff D's Supervisor. Staff A stated that there was a fear of retaliation with reporting and she didn't know if they would do anything about it anyway, since they changed the other report.
On 9/27/23 at 10:00 a.m., the Administrator stated she had the DON write up the incident with coaching and counseling and her assessment on Resident #9. The Administrator found this incident happened the day before the Facility Self-Reported Incident of Staff B with Resident #8.
On 9/27/23 at 10:15 a.m., Resident #9 was propelling her wheelchair with her feet into her room. This resident was pleasant and smiled. She gave permission to enter her room and to ask her questions. Resident #9 stated that she did not have any issues with staff. She said sometimes her roommate can be annoying. When asked if any staff had grabbed her wrists or yelled at her, she said she didn't remember anything like that happening.
On 9/27/23 at 10:35 a.m., the Director of Clinical Services and the Administrator requested to talk about the incident between Resident #9 and Staff B. The following discussed:
a. There was no assurance of separation between Resident #9.
b. This happened in an open space and Staff B could have stepped away.
c. Staff B proceeded to argue/yell at this resident instead of using a different therapeutic approach.
d. There was no assessment of Resident #9 documented, as Staff F did not assess Resident #9.
e. No documentation of the whole incident nor was there follow up to it until the Administrator asked the DON to write up the coaching and counseling for Staff B and the assessment of Resident #9 that was provided on this day.
f. Other residents were out in the dining room at the time of this incident and there was no follow up with them.
g. Resident #9 had impaired cognition and short-term memory loss, but the DON stated that Resident #9 denied anything happening and did not look into this further.
h. The incident between Staff B and Resident #9 happened the day before the incident between Staff B and Resident #8 happened. If the incident between Staff B and Resident #9 would have been properly investigated and reported to the State Agency, the other incident may not have happened.
i. The facility allowed Staff B to work with dependent adults until the incident was reported on 7/14/23 and Staff B was terminated.
The Director of Clinical Services and the Administrator acknowledged all of the above concerns and had no further questions.
On 9/27/23 at 12:16 p.m., Staff F, Registered Nurse (RN), when asked if she had any concerns with how the staff have treated residents, she answered that she had notified the DON of a concern she had. She stated that Staff B had an incident with Resident #9. Staff F stated that Resident #9 was up in the middle of the night and she went toward the fire alarm but there was also a light switch next to it. Staff F stated she told Resident #9 'no, don't do that'. Staff F stated that Staff B and Resident #9 verbally got into it and Resident #9 said she was going to hit Staff B. Staff F stated that Staff B went to stop Resident #9 who was in a wheelchair. Staff F stated that Staff B took his hands and put them on this resident's wrists so she couldn't hit. Staff F stated she told them both to quit and they both quit but they were still screaming at each other. Staff F stated this took place in the dining room. Staff F stated she didn't recall what date this happened on but it was around 4:00 a.m. in the morning. Staff F stated Staff B then went outside. Staff F stated that sometimes staff B would get short with people in general. Staff F said she couldn't give any examples. Staff F stated she did not have her notes, but the DON had a copy of them.
On 9/27/23 at 2:18 p.m., Staff D stated she had talked with the Administrator at work. Staff D said she had seen Staff B holding down Resident #10 in bed and happened probably a year ago. She stated she had asked Staff B to stop and maybe see if they could get someone else to come into the room, and Staff B said 'no, let's just get it done'. Staff D stated she had reported this to Staff C. Staff D explained that when she would work with Resident #10 she would explain to him what she was doing and Resident #10 would not get agitated. Staff D stated that Staff B would just want to get things done and go into residents' rooms and rush and not do things correctly. Staff D reported she had also seen Staff B holding down Resident #8 in bed while trying to do cares. Staff B stated that she had been in both rooms by herself and both residents are absolutely fine if you explain what you are doing and not rush through. Staff D stated that it was not common practice to hold down Resident #8's hands and had never seen that happen, until sometime in June. Staff D explained she didn't report this incident, as she started to feel like why report it because nothing gets done with it. Staff D stated she definitely felt like it was excessive force, almost like a restraint. and she mentioned it to one of the, Charge Nurses on the night shift, Staff E, Registered Nurse (RN). Staff D stated that Staff E was the only one who actually felt like it needed to be taken further. Staff D stated she wrote down both of the instances and gave it to Staff E. Staff D stated they talked with the Director of Clinical Services and the Chief Operations Officer about the situations. Staff D stated she felt like she needed to report these things as she was someone taking the Dependent Adult Abuse (DAA) training. Staff D stated she felt like Staff C tried to cover up for Staff B because she worked in the office. Staff D stated that Staff B was working at a new place and it kind of worried her that Staff B was allowed to take care of people.
On 9/27/23 at 3:31 p.m., the DON stated she had found out about the recent abuse complaint about a day after the Administrator and the Director of Clinical Services found out about it. She stated her only thought was why would Staff A wait so long to report it. The DON stated she personally felt bad for Staff B, just because of his compassion that he had for the elderly. The DON stated that if she witnessed something like that they would be fired immediately. The DON stated she didn't know if Staff A was making it up, but stated she knew that Staff B liked things a certain way. She stated, for example if he went to work and staff hadn't taken the trash out, he would be upset about it. The DON stated that one night that happened when she was working and she just said to him just go ahead and take the trash out, and he did. The DON stated she did not know anything about Resident #10 being held down on his bed. She stated that Resident #10 was a hard resident to do cares on. The DON stated that Staff F called the DON sometime between May and July, she'd have to look at her phone to see when, as she didn't write it down. The DON said that Staff F had woke the DON up. The DON stated she was told it had to do with Resident #9. The DON stated that Staff B was in Resident #9's room and the resident got mad at Staff B and she tried to slap him in his face. The DON believed that Staff F had written the DON a note. Resident #9 was sitting at southeast door looking out at the garden, that morning when the DON came in. The DON stated she didn't remember what time it was. The DON stated she had looked at Resident #9's skin and wrists and didn't see anything. The DON stated she had asked her if anything happened last night, anything with staff, did you wake up and something happen with the staff, and Resident #9 said no. The DON asked her if there was anything she wanted to report and Resident #9 said no. The DON stated that she thought she talked with Staff B, later that day. The DON stated she thought Resident #9 was a poopy mess and staff B was trying to help her, because that was a normal situation for her. The DON thought that Resident #9 scared Staff B as Resident #9 was a strong lady and she could hurt him. The DON thought Resident #9 was trying to hit him and he just kind of put his hand up and kind of tried to stop her from hitting him. The DON thought they were in Resident #9's room and Staff B was trying to help change her. The DON stated she would look for the note that Staff F had wrote but did not know if she had it. When asked if this incident could have happened in the dining room as that is what Staff F had reported, the DON said yes. The DON stated she remembered that now. Asked the DON if Resident #9 could give an accurate interview. The DON acknowledged that Resident #9 had moderately impaired cognition and short-term memory problems as well. The DON thought Staff F separated Staff B from Resident #9. This DON was pretty sure Staff B was already gone from the facility by the time the DON arrived as she had to call him later. She stated when she talked with Staff B, he said 'yeah, I'm not going to be the one who tells her to turn off the light switch.' The DON stated Resident #9 could get mad pretty quickly. When asked if staff should argue with residents, she said no. When asked if there was room to back away from Resident #9 if she said she was going to hit him, the DON said yes at that time of night in the dining room there would have been plenty of room. When asked if Resident #9 had ever pulled the fire alarm, the DON said no. The DON said she didn't formally coach or counsel Staff B. She said that she just talked with him about it. She will look to see if she can find when the call came in, what date and time.
On 9/28/23 at 8:48 a.m., Staff F stated that she found the note that she left for the DON. She stated she had sent a text around 4:00 a.m. in the morning to the DON. The DON text back and said to leave a note and she would follow up in the morning. When asked about separating Staff B and Resident #9, Staff F stated that Resident #9 went to her room after the incident. Staff F stated she did not see Staff B go back down toward Resident #9's room. Staff F stated she had let the DON know about Resident #9 saying her wrists hurt, and the DON told Staff F that she would assess Resident #9 when she got in, so Staff B did not assess Resident #9. Staff F said that after the incident she started medication pass, so couldn't ensure that Staff B didn't go into Resident #9's room.
On 9/28/23 at 5:30 p.m., Staff C stated that she had never received a report from another CNA regarding Staff B (spouse) holding a resident down. She stated if she did receive a report of this, she would report it on even though if it was family. She stated she would encourage reporting of any question of abuse be reported on to a nurse not her. She stated she had worked for many years at the facility and that the facility important to her and she really cared for the residents and would never do anything to jeopardize their safety.
On 10/2/23 at 3:16 p.m., the Director of Clinical Services (DCS) stated that the Administrator called and said they had a report of abuse. The DCS told the Administrator she would help with investigations. They called Staff B in and interviewed him. They then interviewed Staff A. The DCS assessed Resident #8. The DCS stated it had been a while but she thought it was worth a shot to ask Resident #8 if she remembered anything, and Resident #8 did not. Staff B demonstrated what happened with Resident #8. The DCS stated that she would be Resident #8, and Staff B was to show the DCS what happened. Staff B batted at the DCS's arms but never grabbed her on her wrists like what was reported. Staff B was angry and made a comment that he felt like he was being targeted. Staff B didn't mention any names of who he would have been targeted by. The DCS stated they suspended him right away as they wanted to remove him from the situation until it was investigated. She stated it was a pretty brief interview and that Staff B was pretty angry as it was the 2nd time he had been suspended for a similar situation. Another combative resident was trying to hit Staff B and he was holding his hands so that the resident could not hit him. She stated they talked with Staff A and basically Staff A repeated what her statement was- Resident #8 was trying to be combative with Staff B. Staff B held her wrists and was wiggling her hands. Staff A told this DCS and the Administrator that she heard Resident #8 say you hit me and Staff B said no I didn't, you hit yourself. Staff A had written a statement. As soon as the Administrator was notified of the situation, it was investigated. The DCS stated it was hard to say if there was a letter put into the mailbox, but the Administrator never got a letter. Nothing was ever found and it's a pretty secure mailbox, she thought a key was needed to open it and no letter was found. The DCS stated that no one had said anything to her about being uncomfortable with reporting to their supervisor. She stated that if staff were in the nursing department, they should report to the DON.
On 10/2/23 at 3:38 p.m., the Administrator stated she received a call from employee Staff E, saying that Staff A had approached her with this incident and she wasn't sure how to handle it. This happened the morning of 7/4/23 and both Staff A and Staff E had worked that night into the morning of 7/4/23. Staff E reported that there was an incident between Staff A, Staff B and Resident #8. The Administrator stated she then spoke to Staff A and brought her in to do her statement. Staff A told the Administrator that the morning of 7/4/23, Staff B was assisting Staff A with cares. Staff B had Resident #8's hands and Resident #8 said she was going to hit Staff B when Staff B took her hands and waved them around in her face. Staff A could not tell me if she actually saw him hit Resident #8. Staff A had told the Administrator that what Staff A heard was Resident #8 saying 'I'm going to hit you' and Staff B kind of waving Resident #8's hands around in her face. Resident #8 then said 'you hit me' and then Staff B left the room. Staff A told the Administrator that Staff B said 'no you hit yourself' because he had her hands. The Administrator stated that it was hard to find out the actual facts. The Administrator stated that they needed to suspend Staff B immediately until they could fully investigate the situation and she did not like hearing about this incident. She stated that was not who they were. She stated that the Director of Clinical Services was with her through this interview and pretty much through the whole thing. She stated after she got Staff A's statement, they let Staff B know that he was suspended and that there was an investigation, and then reported it to the State Agency. This Administrator said they then talked to Staff E and Staff F, their night nurses about Staff B's behavior and at that point they decided that Staff B needed to be terminated. Neither Staff E nor Staff F were aware of the 4th of July incident. The Administrator asked about other incidents and they did not say anything further to the Administrator about knowledge of other incidents. Neither of them said there was anything they had seen that was reportable. They both said Staff B had a short fuse but had no specific incidents. The Administrator stated that Staff F did not mention the incident with Resident #9. The Administrator stated they then brought Staff B in and terminated him. Staff B stated he didn't know what they were talking about and he wouldn't sign the discipline sheet because he didn't agree with it. The Administrator stated that Staff B told them he had no recollection of any incident. The Administrator reported she would not suggest that staff would hold on to residents' hands. The Administrator stated they started educating for staff to put hands up and shield yourself but not to actually hold resident's hands down. They educated on reassurance, re-approaching, using another staff to try as well for interventions. She said that was the end of their investigation. She stated they did education on reporting and types of abuse. The Administrator stated that the month of August was focused on education on abuse, reporting, who to report to, and those who are at high risk for abuse. The Administrator stated they had to go through with the CNAs who their Supervisor was and that it wasn't Staff C, it was the ADON and before that it was the DON.
A handwritten note provided by Staff F written to the DON and the Administrator and dated 7/3/23 at 4:03 a.m., documented the following:
An incident between Staff B and Resident #9 was witnessed by herself (Staff F) at 4:03 a.m., on 7/3/23 in the dining room. There were 3 other residents in the dining room as well as Resident #9. Staff F was standing at the medication cart and saw the commotion initiated between the 2. The light was off on the southwest side of the dining room. Resident #9 went to turn on the light switch by the fire alarm. In the dark it looked like she was going to pull the alarm, and Staff F asked her not to, so Resident #9 turned on the light. Staff B asked Resident #9 why did you turn that on, and she said he's (one of the other residents) was in the dark. The resident was asleep and had chosen to be there. Resident #9 began to holler at Staff B. Staff B answered her and then Resident #9 said 'I am going to hit you'. Staff B replied 'no you are not'. Resident #9 raised her hands toward his face which Staff B raised his hands grasping her wrists. Resident #9 was hollering, and Staff F told them to stop. They separated and Resident #9 was encouraged to go to her room, which she did. Staff F did speak with Staff B about needing not to respond to her outbursts.
A review of the July's schedule revealed that Staff B worked the following nights shifts (10 p.m. to 6 a.m.):
a. On 7/2/23.
b. On 7/4/23.
c. On 7/5/23.
d. On 7/6/23.
e. On 7/7/23.
f. On 7/10/23.
g. On 7/11/23.
h. On 7/12/23.
i. On 7/13/23.
An Abuse Policy updated on 10/2022 directed the following:
a. Purpose: To ensure all residents are protected from the threat of abuse and all allegations of abuse are properly investigated.
b. Policy: All residents have the right to be free from abuse, neglect, misappropriation of resident property, exploitation, corporal punishment, involuntary seclusion, and any physical or chemical restraint not required to treat the resident's medical symptoms. This includes prohibiting nursing facility staff from taking part in acts that result in person degradation, including the taking or using photographs or recordings in any manner that would demean or humiliate a resident, and prohibits using any type of equipment (e.g., cameras, smart phones, and other electronic devices) to take, keep, or distribute photographs and/or recordings on social media or through multimedia messages. Residents must not be subjected to abuse by anyone, including, but not limited to, facility staff, other residents, consultants or volunteers, staff of other agencies serving the resident, family members or legal guardians, friends, or other individuals.
It shall be the policy of this facility to implement written procedures that prohibit abuse, neglect, exploitation, and misappropriation of resident property.
These procedures shall include the screening and training of employees, protection of residents and the prevention, identification, investigation, and timely reporting of abuse, neglect, mistreatment, and misappropriation of property, without fear of recrimination or intimidation.
Employee Screening:
The facility shall screen all potential employees for a history of abuse, neglect, exploitation, misappropriation of property, or mistreatment of residents. The facility will not employ or otherwise engage individuals who: (i) Have been found guilty of resident abuse, neglect, exploitation, misappropriation of property, or mistreatment by a court of law; (ii) Have had a finding entered into a State nurse aide registry concerning resident abuse, neglect, exploitation, mistreatment of residents or misappropriation of their property; or (iii) Have a disciplinary action in effect against his or her professional license by a state licensure body as a result of a finding of abuse, neglect, exploitation, mistreatment of residents or misappropriation of resident property.
Training of Employees:
Upon initial employment, each employee shall be provided with a copy of the facility's policies and procedures relating to abuse identification and reporting requirements. Within six months of hire each employee shall be required to complete an initial 2-hour[TRUNCATED]
CRITICAL
(K)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Investigate Abuse
(Tag F0610)
Someone could have died · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on clinical record review, resident and staff interviews and facility policy review, the facility failed to take steps to ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on clinical record review, resident and staff interviews and facility policy review, the facility failed to take steps to prevent further potential abuse by not conducting a thorough investigation of an alleged violation. Staff B, Certified Nurse Assistant (CNA) reportedly was yelling at a resident and grabbed her wrists early morning of July 3rd (Resident #9). The facility asked Resident #9, who was cognitively impaired if anything happened the night before and she said no. The Director of Nursing (DON) acknowledged this resident did have cognitive impairment and had short term memory loss. The DON talked with Staff B. No documentation was done for either of these conversations, nor was a thorough investigation completed. Three residents were present at the time of the incident and were not interviewed. Two of the residents had intact cognition. A through internal investigation was not done or documented. The next day it was reported that Staff B caused another resident to hit herself in the face (Resident #8). The facility reported a census of 54 residents.
On 9/28/23 at 1:20 PM, the Iowa Department of Inspections and Appeals and Licensing staff contacted the facility staff to notify them the Department staff determined an Immediate Jeopardy situation existed at the facility beginning on 7/3/23 when the incident was not reported on to the facility's Administrator or DIAL. The facility staff removed the immediacy on 9/28/23 and decreased the scope to E, after the facility staff completed the following:
a. All staff were educated on 9/28/23 which includes review of the Abuse Policy, reporting abuse and conducting an abuse investigation.
b. Immediately began educating staff on the abuse policy, with an emphasis on the reporting procedures for abuse.
c. Facility Administrator and Director of Nursing (DON), monitored staff and residents for signs of abuse and or failure to report. This included visual observation, short interviews with staff to ensure abuse identification, and reporting procedures were understood.
Findings Include:
1. A Minimum Data Set (MDS) dated [DATE], documented diagnoses for Resident #8 included non-Alzheimer's dementia and schizophrenia. A Brief Interview for Mental Status (BIMS) documented as being unable to complete. The MDS identified the resident's cognitive skills for daily decision making was severely impaired. Resident #8 required extensive assist of 2 staff for bed mobility, transfer, dressing and toilet use.
A Care Plan with a Focus Area initiated on 2/9/23, directed staff that Resident #8 displayed mood and behavior problems related to diagnosis of schizophrenia and unspecified dementia with agitation, diagnosis of adjustment disorders with mixed anxiety and depressed mood.
This Care Plan had interventions initiated on 2/9/23, that directed staff to:
a. Provide physical and verbal cues to alleviate anxiety; give positive feedback, assist verbalization of source of agitation, encourage as much participation/interaction by the resident as possible during care activities.
b. Give clear explanation of all care activities prior to and as they occur during each contact.
c. If resident resists with Activities of Daily Living (ADL's), reassure resident, leave and return 5-10 minutes later and try again.
d. Intervene as necessary to protect the rights and safety of others. Approach/speak in a calm manner.
e. Provide resident with opportunities for choice during care provision.
f. When the resident becomes agitated: intervene before agitation escalates; guide away from source of distress; engage calmly in conversation; if response is aggressive, staff to walk calmly away and approach later.
A Progress Note with a late entry date for 7/14/23, documented that Resident #8's son spoken to regarding an allegation of abuse. The incident was explained and questions were answered. It documented that the son voiced understanding.
There were no documented Progress Notes dated 7/4/23.
2. An MDS dated [DATE], documented that Resident #9's diagnoses included non-Alzheimer's dementia. A BIMS documented a score of 15 out of 15, which indicated intact cognition. This MDS documented Resident #9 usually understood others and usually could make herself understood. The resident identified independent for transfers and locomotion on and off the unit and required limited assist of 1 for toilet use.
An MDS dated [DATE], documented Resident #9's BIMS score was 12 out of 15, which indicated moderately impaired cognition. This MDS documented that Resident #9 usually understood others, usually could make herself understood and had non-traumatic brain disfunction.
A Care Plan with a Focus Area initiated on 3/23/20, directed staff that Resident #9 had potential for impaired cognitive and communication function related to her diagnosis of multi system atrophy and dementia. This can affect her speech at times and her decision making.
This Care Plan had interventions initiated on 3/23/20, that directed staff to:
a. Assist Resident #9 with her decision making and ensure safety to highest extent possible.
b. Allow adequate time to respond, repeat as necessary. Do not rush. Request clarification from her to ensure understanding.
c. Face when speaking. Make eye contact. Ask yes/no questions if appropriate. Use simple, brief, consistent words/cues.
d. Continue to engage Resident #9 in communication with cares and interactions.
e. Use calm approach when assisting her with her ADL functions.
There were no documented Progress Notes dated 7/3/23.
On 9/26/23 at 4:49 p.m., Staff A, Certified Nurse Aide (CNA), stated that on 7/4/23 at 1:00 a.m., she and Staff B, CNA were doing rounds. Staff A stated that they had went into Resident #8's room to check and change the resident. Staff A stated that typically if there were 2 people one of them would just hold Resident #8's hands and hold them up away from the adult brief. Staff A stated that Staff B grabbed this resident's hands pretty quick and it triggered Resident #8. Resident #8 then called Staff B the devil. Staff A said that Staff B got this look on his face like a 'well I'll show you' kind of look. She stated that Staff B then pushed Resident #8's hands up into her face and that's hard to do. Staff A continued that it was hard to just hold this resident's hands out of the way, let alone move her hands. Staff A stated that Staff B pushed this resident's hands up into her face causing her to hit herself. Staff A stated that this resident kind of like yelled/wailed 'oh my god you hit me in my mouth'. Staff A stated that Staff B told Resident #8 that she 'hit herself'. Staff A stated she then hurried up and got Staff B out of there. Staff A stated that Staff B didn't say anything to Staff A after they left the room and Staff A didn't say anything to Staff B. Staff A stated she really didn't know what to say. Staff A stated she wasn't sure who to report it to since Staff B's spouse was the Supervisor. Staff A added that a couple of weeks prior to this incident, Staff B had told this resident very sternly, like how you would talk to a child, to 'be an adult'. Staff A stated she thought Resident #8 was swatting out at the time. Staff A stated that this resident was kind of modest and reported since this incident, staff have been going in 1 staff member at a time. Staff A explained this resident would say things like 'stop looking at my body'. Staff A said that they've learned that she does much better with one person. Staff A acknowledged she didn't report this incident right away. Staff A reported she knew of another incident that was reported where a resident was flicked in the ear. She stated that another CNA had reported this to Staff C, Certified Medication Aide (CMA)-CMA/CNA Coordinator who was also Staff B's spouse. Staff A stated that they changed the report from flicked him in the ear to brushed his ear when she was getting him ready. Staff A explained Staff C was in charge of the CNAs and educates the CNAs if they need education. Staff A stated that she should have reported the incident earlier, but she had written a letter to the Administrator and put it in her mailbox. Staff A stated the next day the letter was gone. Staff A stated that she had heard that Staff C and the Assistant Director of Nursing (ADON) were going around and asking others if they had ever seen Staff B act out toward residents. Staff A reported she had not seen Staff B ever lay hands on a resident before but he would lash out at staff. She stated that Staff B would go into a resident's room, like an independent resident who would want help with compression stockings and creams on. Staff B stated that Resident #13 was independent and Staff B would get really snippy with Resident #13. Staff A said she had not heard Staff B say anything to Resident #13, but Staff B came out and told Staff A that he (Staff B) had told Resident #13 that he was independent and needed to do those things for himself. Staff A stated this happened approximately 2 weeks before the incident with Resident #8. Staff A reported she didn't know that the Administrator didn't get her letter. Staff A stated Staff D, reported she had seen Staff B do stuff like this all the time. Staff A explained that Staff D said she hadn't reported anything because Staff B's spouse was Staff D's Supervisor. Staff A stated that there was a fear of retaliation with reporting and she didn't know if they would do anything about it anyway, since they changed the other report.
On 9/27/23 at 10:00 a.m., the Administrator stated she had the DON write up the incident with coaching and counseling and her assessment on Resident #9. The Administrator found this incident happened the day before the Facility Self-Reported Incident of Staff B with Resident #8.
On 9/27/23 at 10:15 a.m., Resident #9 was propelling her wheelchair with her feet into her room. This resident was pleasant and smiled. She gave permission to enter her room and to ask her questions. Resident #9 stated that she did not have any issues with staff. She said sometimes her roommate can be annoying. When asked if any staff had grabbed her wrists or yelled at her, she said she didn't remember anything like that happening.
On 9/27/23 at 10:35 a.m., the Director of Clinical Services and the Administrator requested to talk about the incident between Resident #9 and Staff B. The following discussed:
a. There was no assurance of separation between Resident #9.
b. This happened in an open space and Staff B could have stepped away.
c. Staff B proceeded to argue/yell at this resident instead of using a different therapeutic approach.
d. There was no assessment of Resident #9 documented, as Staff F did not assess Resident #9.
e. No documentation of the whole incident nor was there follow up to it until the Administrator asked the DON to write up the coaching and counseling for Staff B and the assessment of Resident #9 that was provided on this day.
f. Other residents were out in the dining room at the time of this incident and there was no follow up with them.
g. Resident #9 had impaired cognition and short-term memory loss, but the DON stated that Resident #9 denied anything happening and did not look into this further.
h. The incident between Staff B and Resident #9 happened the day before the incident between Staff B and Resident #8 happened. If the incident between Staff B and Resident #9 would have been properly investigated and reported to the State Agency, the other incident may not have happened.
i. The facility allowed Staff B to work with dependent adults until the incident was reported on 7/14/23 and Staff B was terminated.
The Director of Clinical Services and the Administrator acknowledged all of the above concerns and had no further questions.
On 9/27/23 at 12:16 p.m., Staff F, Registered Nurse (RN), when asked if she had any concerns with how the staff have treated residents, she answered that she had notified the DON of a concern she had. She stated that Staff B had an incident with Resident #9. Staff F stated that Resident #9 was up in the middle of the night and she went toward the fire alarm but there was also a light switch next to it. Staff F stated she told Resident #9 'no, don't do that'. Staff F stated that Staff B and Resident #9 verbally got into it and Resident #9 said she was going to hit Staff B. Staff F stated that Staff B went to stop Resident #9 who was in a wheelchair. Staff F stated that Staff B took his hands and put them on this resident's wrists so she couldn't hit. Staff F stated she told them both to quit and they both quit but they were still screaming at each other. Staff F stated this took place in the dining room. Staff F stated she didn't recall what date this happened on but it was around 4:00 a.m. in the morning. Staff F stated Staff B then went outside. Staff F stated that sometimes staff B would get short with people in general. Staff F said she couldn't give any examples. Staff F stated she did not have her notes, but the DON had a copy of them.
On 9/27/23 at 3:31 p.m., the DON stated she had found out about the recent abuse complaint about a day after the Administrator and the Director of Clinical Services found out about it. She stated her only thought was why would Staff A wait so long to report it. The DON stated she personally felt bad for Staff B, just because of his compassion that he had for the elderly. The DON stated that if she witnessed something like that they would be fired immediately. The DON stated she didn't know if Staff A was making it up, but stated she knew that Staff B liked things a certain way. She stated, for example if he went to work and staff hadn't taken the trash out, he would be upset about it. The DON stated that one night that happened when she was working and she just said to him just go ahead and take the trash out, and he did. The DON stated that Staff F called the DON sometime between May and July, she'd have to look at her phone to see when, as she didn't write it down. The DON said that Staff F had woke the DON up. The DON stated she was told it had to do with Resident #9. The DON stated that Staff B was in Resident #9's room and the resident got mad at Staff B and she tried to slap him in his face. The DON believed that Staff F had written the DON a note. Resident #9 was sitting at southeast door looking out at the garden, that morning when the DON came in. The DON stated she didn't remember what time it was. The DON stated she had looked at Resident #9's skin and wrists and didn't see anything. The DON stated she had asked her if anything happened last night, anything with staff, did you wake up and something happen with the staff, and Resident #9 said no. The DON asked her if there was anything she wanted to report and Resident #9 said no. The DON stated that she thought she talked with Staff B, later that day. The DON stated she thought Resident #9 was a poopy mess and staff B was trying to help her, because that was a normal situation for her. The DON thought that Resident #9 scared Staff B as Resident #9 was a strong lady and she could hurt him. The DON thought Resident #9 was trying to hit him and he just kind of put his hand up and kind of tried to stop her from hitting him. The DON thought they were in Resident #9's room and Staff B was trying to help change her. The DON stated she would look for the note that Staff F had wrote but did not know if she had it. When asked if this incident could have happened in the dining room as that is what Staff F had reported, the DON said yes. The DON stated she remembered that now. Asked the DON if Resident #9 could give an accurate interview. The DON acknowledged that Resident #9 had moderately impaired cognition and short-term memory problems as well. The DON thought Staff F separated Staff B from Resident #9. This DON was pretty sure Staff B was already gone from the facility by the time the DON arrived as she had to call him later. She stated when she talked with Staff B, he said 'yeah, I'm not going to be the one who tells her to turn off the light switch.' The DON stated Resident #9 could get mad pretty quickly. When asked if staff should argue with residents, she said no. When asked if there was room to back away from Resident #9 if she said she was going to hit him, the DON said yes at that time of night in the dining room there would have been plenty of room. When asked if Resident #9 had ever pulled the fire alarm, the DON said no. The DON said she didn't formally coach or counsel Staff B. She said that she just talked with him about it. She will look to see if she can find when the call came in, what date and time.
On 9/28/23 at 8:48 a.m., Staff F stated that she found the note that she left for the DON. She stated she had sent a text around 4:00 a.m. in the morning to the DON. The DON text back and said to leave a note and she would follow up in the morning. When asked about separating Staff B and Resident #9, Staff F stated that Resident #9 went to her room after the incident. Staff F stated she did not see Staff B go back down toward Resident #9's room. Staff F stated she had let the DON know about Resident #9 saying her wrists hurt, and the DON told Staff F that she would assess Resident #9 when she got in, so Staff B did not assess Resident #9. Staff F said that after the incident she started medication pass, so couldn't ensure that Staff B didn't go into Resident #9's room.
On 10/2/23 at 3:16 p.m., the Director of Clinical Services (DCS) stated that the Administrator called and said they had a report of abuse. The DCS told the Administrator she would help with investigations. They called Staff B in and interviewed him. They then interviewed Staff A. The DCS assessed Resident #8. The DCS stated it had been a while but she thought it was worth a shot to ask Resident #8 if she remembered anything, and Resident #8 did not. Staff B demonstrated what happened with Resident #8. The DCS stated that she would be Resident #8, and Staff B was to show the DCS what happened. Staff B batted at the DCS's arms but never grabbed her on her wrists like what was reported. Staff B was angry and made a comment that he felt like he was being targeted. Staff B didn't mention any names of who he would have been targeted by. The DCS stated they suspended him right away as they wanted to remove him from the situation until it was investigated. She stated it was a pretty brief interview and that Staff B was pretty angry as it was the 2nd time he had been suspended for a similar situation. Another combative resident was trying to hit Staff B and he was holding his hands so that the resident could not hit him. She stated they talked with Staff A and basically Staff A repeated what her statement was- Resident #8 was trying to be combative with Staff B. Staff B held her wrists and was wiggling her hands. Staff A told this DCS and the Administrator that she heard Resident #8 say you hit me and Staff B said no I didn't, you hit yourself. Staff A had written a statement. As soon as the Administrator was notified of the situation, it was investigated. The DCS stated it was hard to say if there was a letter put into the mailbox, but the Administrator never got a letter. Nothing was ever found and it's a pretty secure mailbox, she thought a key was needed to open it and no letter was found. The DCS stated that no one had said anything to her about being uncomfortable with reporting to their supervisor. She stated that if staff were in the nursing department, they should report to the DON.
On 10/2/23 at 3:38 p.m., the Administrator stated she received a call from employee Staff E, saying that Staff A had approached her with this incident and she wasn't sure how to handle it. This happened the morning of 7/4/23 and both Staff A and Staff E had worked that night into the morning of 7/4/23. Staff E reported that there was an incident between Staff A, Staff B and Resident #8. The Administrator stated she then spoke to Staff A and brought her in to do her statement. Staff A told the Administrator that the morning of 7/4/23, Staff B was assisting Staff A with cares. Staff B had Resident #8's hands and Resident #8 said she was going to hit Staff B when Staff B took her hands and waved them around in her face. Staff A could not tell me if she actually saw him hit Resident #8. Staff A had told the Administrator that what Staff A heard was Resident #8 saying 'I'm going to hit you' and Staff B kind of waving Resident #8's hands around in her face. Resident #8 then said 'you hit me' and then Staff B left the room. Staff A told the Administrator that Staff B said 'no you hit yourself' because he had her hands. The Administrator stated that it was hard to find out the actual facts. The Administrator stated that they needed to suspend Staff B immediately until they could fully investigate the situation and she did not like hearing about this incident. She stated that was not who they were. She stated that the Director of Clinical Services was with her through this interview and pretty much through the whole thing. She stated after she got Staff A's statement, they let Staff B know that he was suspended and that there was an investigation, and then reported it to the State Agency. This Administrator said they then talked to Staff E and Staff F, their night nurses about Staff B's behavior and at that point they decided that Staff B needed to be terminated. Neither Staff E nor Staff F were aware of the 4th of July incident. The Administrator asked about other incidents and they did not say anything further to the Administrator about knowledge of other incidents. Neither of them said there was anything they had seen that was reportable. They both said Staff B had a short fuse but had no specific incidents. The Administrator stated that Staff F did not mention the incident with Resident #9. The Administrator stated they then brought Staff B in and terminated him. Staff B stated he didn't know what they were talking about and he wouldn't sign the discipline sheet because he didn't agree with it. The Administrator stated that Staff B told them he had no recollection of any incident. The Administrator reported she would not suggest that staff would hold on to residents' hands. The Administrator stated they started educating for staff to put hands up and shield yourself but not to actually hold resident's hands down. They educated on reassurance, re-approaching, using another staff to try as well for interventions. She said that was the end of their investigation. She stated they did education on reporting and types of abuse. The Administrator stated that the month of August was focused on education on abuse, reporting, who to report to, and those who are at high risk for abuse. The Administrator stated they had to go through with the CNAs who their Supervisor was and that it wasn't Staff C, it was the ADON and before that it was the DON.
On 10/3/23 at 11:49 p.m., Staff E stated that Staff A had come to her with concerns and Staff A made a report on what she witnessed. She said she had to ask Staff B to leave the room. She said that Resident #8 was yelling and Staff B didn't handle it well. Staff E thought that Staff B put his hand over her mouth, or something like that and he scared Resident #8. Staff A stated that she wanted to let Staff E know because Staff A had reported it and nothing had been done, and asked if Staff E would help her handle this. Staff E stated that they then went into the Nurse's Office and called the Administrator. Staff E thought it was around 5:00 in the morning. She stated that Staff B was not working that night. Staff E wrote out a statement with exactly how Staff A had worded it to Staff E. She stated that it was an allegation that Staff A had reported at an earlier date to a nurse and then she wrote a statement out and put it in the Administrator's mailbox. Staff E talked to the Administrator about it and the Administrator said she had not received the statement. Staff E stated Staff A's statement was that Staff B took Resident #8's arm and kind of put it in her chest and then rubbed her hands in her face. Staff E stated it was almost like he was making fun of Resident #8. Staff E stated that Staff A did not say who the other nurse was that she reported this incident to. Staff E stated the only other night nurse was Staff F, RN. Staff E stated that she physically, herself never saw any actual abuse. Staff E stated that Staff B's temperament upon hire showed lack of education and that Staff B's ability to understand Alzheimer's disease and dementia was limited. She stated that Staff B was a new CNA right out of school and seemed to really have no grasp that the residents with dementia actually didn't know what they were doing. Staff E said that Staff B would get frustrated and walk outside and she had told him before to go outside because he seemed stressed out. Staff B stated there was an incident before that involved Staff B and it was unfounded. Staff E stated there was a lot of education after that incident on dementia training.
A handwritten note provided by Staff F written to the DON and the Administrator and dated 7/3/23 at 4:03 a.m., documented the following:
An incident between Staff B and Resident #9 was witnessed by herself (Staff F) at 4:03 a.m., on 7/3/23 in the dining room. There were 3 other residents in the dining room as well as Resident #9. Staff F was standing at the medication cart and saw the commotion initiated between the 2. The light was off on the southwest side of the dining room. Resident #9 went to turn on the light switch by the fire alarm. In the dark it looked like she was going to pull the alarm, and Staff F asked her not to, so Resident #9 turned on the light. Staff B asked Resident #9 why did you turn that on, and she said he's (one of the other residents) was in the dark. The resident was asleep and had chosen to be there. Resident #9 began to holler at Staff B. Staff B answered her and then Resident #9 said 'I am going to hit you'. Staff B replied 'no you are not'. Resident #9 raised her hands toward his face which Staff B raised his hands grasping her wrists. Resident #9 was hollering. Staff F told them to stop. They separated and Resident #9 was encouraged to go to her room, which she did. Staff F did speak with Staff B about needing not to respond to her outbursts.
A review of the July's schedule revealed that Staff B worked the following nights shifts (10 p.m. to 6 a.m.):
a. On 7/2/23.
b. On 7/4/23.
c. On 7/5/23.
d. On 7/6/23.
e. On 7/7/23.
f. On 7/10/23.
g. On 7/11/23.
h. On 7/12/23.
i. On 7/13/23.
An Abuse Policy updated on 10/2022 directed the following:
a. Purpose: To ensure all residents are protected from the threat of abuse and all allegations of abuse are properly investigated.
b. Policy: All residents have the right to be free from abuse, neglect, misappropriation of resident property, exploitation, corporal punishment, involuntary seclusion, and any physical or chemical restraint not required to treat the resident's medical symptoms. This includes prohibiting nursing facility staff from taking part in acts that result in person degradation, including the taking or using photographs or recordings in any manner that would demean or humiliate a resident, and prohibits using any type of equipment (e.g., cameras, smart phones, and other electronic devices) to take, keep, or distribute photographs and/or recordings on social media or through multimedia messages. Residents must not be subjected to abuse by anyone, including, but not limited to, facility staff, other residents, consultants or volunteers, staff of other agencies serving the resident, family members or legal guardians, friends, or other individuals.
It shall be the policy of this facility to implement written procedures that prohibit abuse, neglect, exploitation, and misappropriation of resident property.
These procedures shall include the screening and training of employees, protection of residents and the prevention, identification, investigation, and timely reporting of abuse, neglect, mistreatment, and misappropriation of property, without fear of recrimination or intimidation.
Investigation Protocols:
Should an incident or suspected incident of Resident abuse (as defined above) be reported or observed, the administrator or his/her designee will designate a member of management to investigate the alleged incident.
The administrator or designee will complete documentation of the allegation of Resident abuse and collect any supporting documents relative to the alleged incident:
1. Review documentation in resident record (including review of assessment if resident injury).
2. Assess the resident for injury if the allegation involves physical or sexual abuse;
3. Provide proper notifications to primary care provider, responsible party, etc.
4. Attempt to obtain witness statements (oral and/or written) from all known witnesses.
5. If there is physical evidence that can be preserved, attempt to do so, and maintain in a safe location to minimize risk of evidence being tampered with.
The facility will establish and enforce an environment that encourages individuals to report allegations of abuse without fear of recrimination or intimidation.
Following investigation, the Administrator or designated agent will be responsible for forwarding the results of the investigation to the Department of Inspections & Appeals. This written report shall be forwarded to the Department within five days of the initial report.
Initial/Immediate Protection During Facility Investigation:
Upon receiving a report of an allegation of resident abuse, neglect, exploitation or mistreatment, the facility shall immediately implement measures to prevent further potential abuse of residents from occurring while the facility investigation is in process. If this involves an allegation of abuse by an employee, this will be accomplished by separating the employee accused of abuse from all residents through the following or a combination of the following, if practicable: (1) suspending the employee; (2) segregating the employee by moving the employee to an area of the facility where there will be no contact with any residents of the facility; and in rare instances (3) separating the employee accused of abuse from the resident alleged to have been abused, but allowing the employee to care for and have contact with other residents, only if there is a second employee who remains with and accompanies the employee accused of abuse at all times to supervise all contacts and interactions with the residents.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Free from Abuse/Neglect
(Tag F0600)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on clinical record review, Resident Group and staff interviews, observation and facility policy review, the facility faile...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on clinical record review, Resident Group and staff interviews, observation and facility policy review, the facility failed to ensure residents were free from abuse when facility staff did not follow their policy of reporting, investigating and protecting the residents from abuse. Through interviews with various staff, it was found that staff did not report their concerns of potential abuse (Residents #8, #10, and #13) or reported their concerns to the Director of Nursing (DON) allowing a thorough investigation to follow (Resident #9). The facility reported a census of 54 residents.
Findings Include:
1. A Minimum Data Set (MDS) dated [DATE], documented diagnoses for Resident #8 included non-Alzheimer's dementia and schizophrenia. A Brief Interview for Mental Status (BIMS) documented as being unable to complete. The MDS identified the resident's cognitive skills for daily decision making was severely impaired. Resident #8 required extensive assist of 2 staff for bed mobility, transfer, dressing and toilet use.
A Care Plan with a Focus Area initiated on 2/9/23, directed staff that Resident #8 displayed mood and behavior problems related to diagnosis of schizophrenia and unspecified dementia with agitation, diagnosis of adjustment disorders with mixed anxiety and depressed mood.
This Care Plan had interventions initiated on 2/9/23, that directed staff to:
a. Provide physical and verbal cues to alleviate anxiety; give positive feedback, assist verbalization of source of agitation, encourage as much participation/interaction by the resident as possible during care activities.
b. Give clear explanation of all care activities prior to and as they occur during each contact.
c. If resident resists with Activities of Daily Living (ADL's), reassure resident, leave and return 5-10 minutes later and try again.
d. Intervene as necessary to protect the rights and safety of others. Approach/speak in a calm manner.
e. Provide resident with opportunities for choice during care provision.
f. When the resident becomes agitated: intervene before agitation escalates; guide away from source of distress; engage calmly in conversation; if response is aggressive, staff to walk calmly away and approach later.
A Progress Note with a late entry date for 7/14/23, documented that Resident #8's son spoken to regarding an allegation of abuse. The incident was explained and questions were answered. It documented that the son voiced understanding.
There were no documented Progress Notes dated 7/4/23.
2. An MDS dated [DATE], documented that Resident #9's diagnoses included non-Alzheimer's dementia. A BIMS documented a score of 15 out of 15, which indicated intact cognition. This MDS documented Resident #9 usually understood others and usually could make herself understood. The resident identified independent for transfers and locomotion on and off the unit and required limited assist of 1 for toilet use.
An MDS dated [DATE], documented Resident #9's BIMS score was 12 out of 15, which indicated moderately impaired cognition. This MDS documented that Resident #9 usually understood others, usually could make herself understood and had non-traumatic brain disfunction.
A Care Plan with a Focus Area initiated on 3/23/20, directed staff that Resident #9 had potential for impaired cognitive and communication function related to her diagnosis of multi system atrophy and dementia. This can affect her speech at times and her decision making.
This Care Plan had interventions initiated on 3/23/20, that directed staff to:
a. Assist Resident #9 with her decision making and ensure safety to highest extent possible.
b. Allow adequate time to respond, repeat as necessary. Do not rush. Request clarification from her to ensure understanding.
c. Face when speaking. Make eye contact. Ask yes/no questions if appropriate. Use simple, brief, consistent words/cues.
d. Continue to engage Resident #9 in communication with cares and interactions.
e. Use calm approach when assisting her with her ADL functions.
There were no documented Progress Notes dated 7/3/23.
3. An MDS dated [DATE], documented diagnoses for Resident #10 included non-Alzheimer's dementia. A BIMS score for Resident #10 was 00, which indicated severe cognitive impairment. Resident #10 identified totally dependent on 2 staff for bed mobility, dressing and toilet use.
A Care Plan for Resident #10 had a Focus Area dated as initiated on 3/23/22, that directed staff that Resident #10 had physical behaviors and verbal outbursts toward the staff when they are assisting with his ADLs related to his diagnosis of dementia and anxiety.
This Care Plan had interventions initiated on 3/23/22, that directed staff to:
a. Encourage as much participation/interaction by Resident #10 as possible during care activities.
b. Give clear explanation of all care activities prior to and as they occur during each contact.
c. If Resident #10 is resistive with ADLs, reassure resident, leave and return 5-10 minutes later and try again.
4. An MDS dated [DATE], documented diagnoses for Resident #13 included Traumatic Brain Injury. Resident #13 BIMS score was 15 which indicated intact cognition. This resident required extensive assist of 1 for dressing, which included the putting on and removing of TED hose (compression stockings).
A Care Plan with for Resident #13 had a Focus area dated as initiated on 4/5/22, that directed staff that Resident #13 has an ADL self-care performance deficit related to history of falls at home and issues with chronic and acute pain at times, advanced age and history of arthritis.
The Care Plan had interventions initiated on 4/5/22, directed staff to allow sufficient time for dressing and undressing. Staff will need to assist this resident with all his dressing needs of upper and lower extremities as needed. Extensive assistance at times due to limitations with his arthritis.
On 9/21/23 at 1:00 p.m., during a resident meeting the residents present were asked if they had been neglected or abused or if they had seen any other residents being neglected or abused. Resident #13 reported there was a guy and a girl that worked in the middle of the night. He stated the guy just didn't have any patience with him. Resident #13 stated he didn't remember the situation specifically but remembered being very unhappy with the male staff member. Resident #13 stated the man no longer worked at the facility and unable to recall the male staff member's name.
On 9/26/23 at 4:49 p.m., Staff A, Certified Nurse Aide (CNA), stated that on 7/4/23 at 1:00 a.m., she and Staff B, CNA were doing rounds. Staff A stated that they had went into Resident #8's room to check and change the resident. Staff A stated that typically if there were 2 people one of them would just hold Resident #8's hands and hold them up away from the adult brief. Staff A stated that Staff B grabbed this resident's hands pretty quick and it triggered Resident #8. Resident #8 then called Staff B the devil. Staff A said that Staff B got this look on his face like a 'well I'll show you' kind of look. She stated that Staff B then pushed Resident #8's hands up into her face and that's hard to do. Staff A continued that it was hard to just hold this resident's hands out of the way, let alone move her hands. Staff A stated that Staff B pushed this resident's hands up into her face causing her to hit herself. Staff A stated that this resident kind of like yelled/wailed 'oh my god you hit me in my mouth'. Staff A stated that Staff B told Resident #8 that she 'hit herself'. Staff A stated she then hurried up and got Staff B out of there. Staff A stated that Staff B didn't say anything to Staff A after they left the room and Staff A didn't say anything to Staff B. Staff A stated she really didn't know what to say. Staff A stated she wasn't sure who to report it to since Staff B's spouse was the Supervisor. Staff A added that a couple of weeks prior to this incident, Staff B had told this resident very sternly, like how you would talk to a child, to 'be an adult'. Staff A stated she thought Resident #8 was swatting out at the time. Staff A stated that this resident was kind of modest and reported since this incident, staff have been going in 1 staff member at a time. Staff A explained this resident would say things like 'stop looking at my body'. Staff A said that they've learned that she does much better with one person. Staff A acknowledged she didn't report this incident right away. Staff A reported she knew of another incident that was reported where a resident was flicked in the ear. She stated that another CNA had reported this to Staff C, Certified Medication Aide (CMA)-CMA/CNA Coordinator who was also Staff B's spouse. Staff A stated that they changed the report from flicked him in the ear to brushed his ear when she was getting him ready. Staff A explained Staff C was in charge of the CNAs and educates the CNAs if they need education. Staff A stated that she should have reported the incident earlier, but she had written a letter to the Administrator and put it in her mailbox. Staff A stated the next day the letter was gone. Staff A stated that she had heard that Staff C and the Assistant Director of Nursing (ADON) were going around and asking others if they had ever seen Staff B act out toward residents. Staff A reported she had not seen Staff B ever lay hands on a resident before but he would lash out at staff. She stated that Staff B would go into a resident's room, like an independent resident who would want help with compression stockings and creams on. Staff B stated that Resident #13 was independent and Staff B would get really snippy with Resident #13. Staff A said she had not heard Staff B say anything to Resident #13, but Staff B came out and told Staff A that he (Staff B) had told Resident #13 that he was independent and needed to do those things for himself. Staff A stated this happened approximately 2 weeks before the incident with Resident #8. Staff A reported she didn't know that the Administrator didn't get her letter. Staff A stated Staff D, reported she had seen Staff B do stuff like this all the time. Staff A explained that Staff D said she hadn't reported anything because Staff B's spouse was Staff D's Supervisor. Staff A stated that there was a fear of retaliation with reporting and she didn't know if they would do anything about it anyway, since they changed the other report.
On 9/27/23 at 10:00 a.m., the Administrator stated she had the DON write up the incident with coaching and counseling and her assessment on Resident #9. The Administrator found this incident happened the day before the Facility Self-Reported Incident of Staff B with Resident #8.
On 9/27/23 at 10:15 a.m., Resident #9 was propelling her wheelchair with her feet into her room. This resident was pleasant and smiled. She gave permission to enter her room and to ask her questions. Resident #9 stated that she did not have any issues with staff. She said sometimes her roommate can be annoying. When asked if any staff had grabbed her wrists or yelled at her, she said she didn't remember anything like that happening.
On 9/27/23 at 10:35 a.m., the Director of Clinical Services and the Administrator requested to talk about the incident between Resident #9 and Staff B. The following discussed:
a. There was no assurance of separation between Resident #9.
b. This happened in an open space and Staff B could have stepped away.
c. Staff B proceeded to argue/yell at this resident instead of using a different therapeutic approach.
d. There was no assessment of Resident #9 documented, as Staff F did not assess Resident #9.
e. No documentation of the whole incident nor was there follow up to it until the Administrator asked the DON to write up the coaching and counseling for Staff B and the assessment of Resident #9 that was provided on this day.
f. Other residents were out in the dining room at the time of this incident and there was no follow up with them.
g. Resident #9 had impaired cognition and short-term memory loss, but the DON stated that Resident #9 denied anything happening and did not look into this further.
h. The incident between Staff B and Resident #9 happened the day before the incident between Staff B and Resident #8 happened. If the incident between Staff B and Resident #9 would have been properly investigated and reported to the State Agency, the other incident may not have happened.
i. The facility allowed Staff B to work with dependent adults until the incident was reported on 7/14/23 and Staff B was terminated.
The Director of Clinical Services and the Administrator acknowledged all of the above concerns and had no further questions.
On 9/27/23 at 12:16 p.m., Staff F, Registered Nurse (RN), when asked if she had any concerns with how the staff have treated residents, she answered that she had notified the DON of a concern she had. She stated that Staff B had an incident with Resident #9. Staff F stated that Resident #9 was up in the middle of the night and she went toward the fire alarm but there was also a light switch next to it. Staff F stated she told Resident #9 'no, don't do that'. Staff F stated that Staff B and Resident #9 verbally got into it and Resident #9 said she was going to hit Staff B. Staff F stated that Staff B went to stop Resident #9 who was in a wheelchair. Staff F stated that Staff B took his hands and put them on this resident's wrists so she couldn't hit. Staff F stated she told them both to quit and they both quit but they were still screaming at each other. Staff F stated this took place in the dining room. Staff F stated she didn't recall what date this happened on but it was around 4:00 a.m. in the morning. Staff F stated Staff B then went outside. Staff F stated that sometimes staff B would get short with people in general. Staff F said she couldn't give any examples. Staff F stated she did not have her notes, but the DON had a copy of them.
On 9/27/23 at 2:18 p.m., Staff D stated she had talked with the Administrator at work. Staff D said she had seen Staff B holding down Resident #10 in bed and happened probably a year ago. She stated she had asked Staff B to stop and maybe see if they could get someone else to come into the room, and Staff B said 'no, let's just get it done'. Staff D stated she had reported this to Staff C. Staff D explained that when she would work with Resident #10 she would explain to him what she was doing and Resident #10 would not get agitated. Staff D stated that Staff B would just want to get things done and go into residents' rooms and rush and not do things correctly. Staff D reported she had also seen Staff B holding down Resident #8 in bed while trying to do cares. Staff B stated that she had been in both rooms by herself and both residents are absolutely fine if you explain what you are doing and not rush through. Staff D stated that it was not common practice to hold down Resident #8's hands and had never seen that happen, until sometime in June. Staff D explained she didn't report this incident, as she started to feel like why report it because nothing gets done with it. Staff D stated she definitely felt like it was excessive force, almost like a restraint. and she mentioned it to one of the, Charge Nurses on the night shift, Staff E, Registered Nurse (RN). Staff D stated that Staff E was the only one who actually felt like it needed to be taken further. Staff D stated she wrote down both of the instances and gave it to Staff E. Staff D stated they talked with the Director of Clinical Services and the Chief Operations Officer about the situations. Staff D stated she felt like she needed to report these things as she was someone taking the Dependent Adult Abuse (DAA) training. Staff D stated she felt like Staff C tried to cover up for Staff B because she worked in the office. Staff D stated that Staff B was working at a new place and it kind of worried her that Staff B was allowed to take care of people.
On 9/27/23 at 3:31 p.m., the DON stated she had found out about the recent abuse complaint about a day after the Administrator and the Director of Clinical Services found out about it. She stated her only thought was why would Staff A wait so long to report it. The DON stated she personally felt bad for Staff B, just because of his compassion that he had for the elderly. The DON stated that if she witnessed something like that they would be fired immediately. The DON stated she didn't know if Staff A was making it up, but stated she knew that Staff B liked things a certain way. She stated, for example if he went to work and staff hadn't taken the trash out, he would be upset about it. The DON stated that one night that happened when she was working and she just said to him just go ahead and take the trash out, and he did. The DON stated she did not know anything about Resident #10 being held down on his bed. She stated that Resident #10 was a hard resident to do cares on. The DON stated that Staff F called the DON sometime between May and July, she'd have to look at her phone to see when, as she didn't write it down. The DON said that Staff F had woke the DON up. The DON stated she was told it had to do with Resident #9. The DON stated that Staff B was in Resident #9's room and the resident got mad at Staff B and she tried to slap him in his face. The DON believed that Staff F had written the DON a note. Resident #9 was sitting at southeast door looking out at the garden, that morning when the DON came in. The DON stated she didn't remember what time it was. The DON stated she had looked at Resident #9's skin and wrists and didn't see anything. The DON stated she had asked her if anything happened last night, anything with staff, did you wake up and something happen with the staff, and Resident #9 said no. The DON asked her if there was anything she wanted to report and Resident #9 said no. The DON stated that she thought she talked with Staff B, later that day. The DON stated she thought Resident #9 was a poopy mess and staff B was trying to help her, because that was a normal situation for her. The DON thought that Resident #9 scared Staff B as Resident #9 was a strong lady and she could hurt him. The DON thought Resident #9 was trying to hit him and he just kind of put his hand up and kind of tried to stop her from hitting him. The DON thought they were in Resident #9's room and Staff B was trying to help change her. The DON stated she would look for the note that Staff F had wrote but did not know if she had it. When asked if this incident could have happened in the dining room as that is what Staff F had reported, the DON said yes. The DON stated she remembered that now. Asked the DON if Resident #9 could give an accurate interview. The DON acknowledged that Resident #9 had moderately impaired cognition and short-term memory problems as well. The DON thought Staff F separated Staff B from Resident #9. This DON was pretty sure Staff B was already gone from the facility by the time the DON arrived as she had to call him later. She stated when she talked with Staff B, he said 'yeah, I'm not going to be the one who tells her to turn off the light switch.' The DON stated Resident #9 could get mad pretty quickly. When asked if staff should argue with residents, she said no. When asked if there was room to back away from Resident #9 if she said she was going to hit him, the DON said yes at that time of night in the dining room there would have been plenty of room. When asked if Resident #9 had ever pulled the fire alarm, the DON said no. The DON said she didn't formally coach or counsel Staff B. She said that she just talked with him about it. She will look to see if she can find when the call came in, what date and time.
On 9/28/23 at 8:48 a.m., Staff F stated that she found the note that she left for the DON. She stated she had sent a text around 4:00 a.m. in the morning to the DON. The DON text back and said to leave a note and she would follow up in the morning. When asked about separating Staff B and Resident #9, Staff F stated that Resident #9 went to her room after the incident. Staff F stated she did not see Staff B go back down toward Resident #9's room. Staff F stated she had let the DON know about Resident #9 saying her wrists hurt, and the DON told Staff F that she would assess Resident #9 when she got in, so Staff B did not assess Resident #9. Staff F said that after the incident she started medication pass, so couldn't ensure that Staff B didn't go into Resident #9's room.
On 9/28/23 at 5:30 p.m., Staff C stated that she had never received a report from another CNA regarding Staff B (spouse) holding a resident down. She stated if she did receive a report of this, she would report it on even though if it was family. She stated she would encourage reporting of any question of abuse be reported on to a nurse not her. She stated she had worked for many years at the facility and that the facility important to her and she really cared for the residents and would never do anything to jeopardize their safety.
On 10/2/23 at 3:16 p.m., the Director of Clinical Services (DCS) stated that the Administrator called and said they had a report of abuse. The DCS told the Administrator she would help with investigations. They called Staff B in and interviewed him. They then interviewed Staff A. The DCS assessed Resident #8. The DCS stated it had been a while but she thought it was worth a shot to ask Resident #8 if she remembered anything, and Resident #8 did not. Staff B demonstrated what happened with Resident #8. The DCS stated that she would be Resident #8, and Staff B was to show the DCS what happened. Staff B batted at the DCS's arms but never grabbed her on her wrists like what was reported. Staff B was angry and made a comment that he felt like he was being targeted. Staff B didn't mention any names of who he would have been targeted by. The DCS stated they suspended him right away as they wanted to remove him from the situation until it was investigated. She stated it was a pretty brief interview and that Staff B was pretty angry as it was the 2nd time he had been suspended for a similar situation. Another combative resident was trying to hit Staff B and he was holding his hands so that the resident could not hit him. She stated they talked with Staff A and basically Staff A repeated what her statement was- Resident #8 was trying to be combative with Staff B. Staff B held her wrists and was wiggling her hands. Staff A told this DCS and the Administrator that she heard Resident #8 say you hit me and Staff B said no I didn't, you hit yourself. Staff A had written a statement. As soon as the Administrator was notified of the situation, it was investigated. The DCS stated it was hard to say if there was a letter put into the mailbox, but the Administrator never got a letter. Nothing was ever found and it's a pretty secure mailbox, she thought a key was needed to open it and no letter was found. The DCS stated that no one had said anything to her about being uncomfortable with reporting to their supervisor. She stated that if staff were in the nursing department, they should report to the DON.
On 10/2/23 at 3:38 p.m., the Administrator stated she received a call from employee Staff E, saying that Staff A had approached her with this incident and she wasn't sure how to handle it. This happened the morning of 7/4/23 and both Staff A and Staff E had worked that night into the morning of 7/4/23. Staff E reported that there was an incident between Staff A, Staff B and Resident #8. The Administrator stated she then spoke to Staff A and brought her in to do her statement. Staff A told the Administrator that the morning of 7/4/23, Staff B was assisting Staff A with cares. Staff B had Resident #8's hands and Resident #8 said she was going to hit Staff B when Staff B took her hands and waved them around in her face. Staff A could not tell me if she actually saw him hit Resident #8. Staff A had told the Administrator that what Staff A heard was Resident #8 saying 'I'm going to hit you' and Staff B kind of waving Resident #8's hands around in her face. Resident #8 then said 'you hit me' and then Staff B left the room. Staff A told the Administrator that Staff B said 'no you hit yourself' because he had her hands. The Administrator stated that it was hard to find out the actual facts. The Administrator stated that they needed to suspend Staff B immediately until they could fully investigate the situation and she did not like hearing about this incident. She stated that was not who they were. She stated that the Director of Clinical Services was with her through this interview and pretty much through the whole thing. She stated after she got Staff A's statement, they let Staff B know that he was suspended and that there was an investigation, and then reported it to the State Agency. This Administrator said they then talked to Staff E and Staff F, their night nurses about Staff B's behavior and at that point they decided that Staff B needed to be terminated. Neither Staff E nor Staff F were aware of the 4th of July incident. The Administrator asked about other incidents and they did not say anything further to the Administrator about knowledge of other incidents. Neither of them said there was anything they had seen that was reportable. They both said Staff B had a short fuse but had no specific incidents. The Administrator stated that Staff F did not mention the incident with Resident #9. The Administrator stated they then brought Staff B in and terminated him. Staff B stated he didn't know what they were talking about and he wouldn't sign the discipline sheet because he didn't agree with it. The Administrator stated that Staff B told them he had no recollection of any incident. The Administrator reported she would not suggest that staff would hold on to residents' hands. The Administrator stated they started educating for staff to put hands up and shield yourself but not to actually hold resident's hands down. They educated on reassurance, re-approaching, using another staff to try as well for interventions. She said that was the end of their investigation. She stated they did education on reporting and types of abuse. The Administrator stated that the month of August was focused on education on abuse, reporting, who to report to, and those who are at high risk for abuse. The Administrator stated they had to go through with the CNAs who their Supervisor was and that it wasn't Staff C, it was the ADON and before that it was the DON.
On 10/3/23 at 11:49 p.m., Staff E stated that Staff A had come to her with concerns and Staff A made a report on what she witnessed. She said she had to ask Staff B to leave the room. She said that Resident #8 was yelling and Staff B didn't handle it well. Staff E thought that Staff B put his hand over her mouth, or something like that and he scared Resident #8. Staff A stated that she wanted to let Staff E know because Staff A had reported it and nothing had been done, and asked if Staff E would help her handle this. Staff E stated that they then went into the Nurse's Office and called the Administrator. Staff E thought it was around 5:00 in the morning. She stated that Staff B was not working that night. Staff E wrote out a statement with exactly how Staff A had worded it to Staff E. She stated that it was an allegation that Staff A had reported at an earlier date to a nurse and then she wrote a statement out and put it in the Administrator's mailbox. Staff E talked to the Administrator about it and the Administrator said she had not received the statement. Staff E stated Staff A's statement was that Staff B took Resident #8's arm and kind of put it in her chest and then rubbed her hands in her face. Staff E stated it was almost like he was making fun of Resident #8. Staff E stated that Staff A did not say who the other nurse was that she reported this incident to. Staff E stated the only other night nurse was Staff F, RN. Staff E stated that she physically, herself never saw any actual abuse. Staff E stated that Staff B's temperament upon hire showed lack of education and that Staff B's ability to understand Alzheimer's disease and dementia was limited. She stated that Staff B was a new CNA right out of school and seemed to really have no grasp that the residents with dementia actually didn't know what they were doing. Staff E said that Staff B would get frustrated and walk outside and she had told him before to go outside because he seemed stressed out. Staff B stated there was an incident before that involved Staff B and it was unfounded. Staff E stated there was a lot of education after that incident on dementia training.
A handwritten note provided by Staff F written to the DON and the Administrator and dated 7/3/23 at 4:03 a.m., documented the following:
An incident between Staff B and Resident #9 was witnessed by herself (Staff F) at 4:03 a.m., on 7/3/23 in the dining room. There were 3 other residents in the dining room as well as Resident #9. Staff F was standing at the medication cart and saw the commotion initiated between the 2. The light was off on the southwest side of the dining room. Resident #9 went to turn on the light switch by the fire alarm. In the dark it looked like she was going to pull the alarm, and Staff F asked her not to, so Resident #9 turned on the light. Staff B asked Resident #9 why did you turn that on, and she said he's (one of the other residents) was in the dark. The resident was asleep and had chosen to be there. Resident #9 began to holler at Staff B. Staff B answered her and then Resident #9 said 'I am going to hit you'. Staff B replied 'no you are not'. Resident #9 raised her hands toward his face which Staff B raised his hands grasping her wrists. Resident #9 was hollering, and Staff F told them to stop. They separated and Resident #9 was encouraged to go to her room, which she did. Staff F did speak with Staff B about needing not to respond to her outbursts.
A review of the July's schedule revealed that Staff B worked the following nights shifts (10 p.m. to 6 a.m.):
a. On 7/2/23.
b. On 7/4/23.
c. On 7/5/23.
d. On 7/6/23.
e. On 7/7/23.
f. On 7/10/23.
g. On 7/11/23.
h. On 7/12/23.
i. On 7/13/23.
A Facility Abuse Policy updated on 10/2022 directed the following:
a. Purpose: To ensure all residents are protected from the threat of abuse and all allegations of abuse are properly investigated.
b. Policy: All residents have the right to be free from abuse, neglect, misappropriation of resident property, exploitation, corporal punishment, involuntary seclusion, and any physical or chemical restraint not required to treat the resident's medical symptoms. This includes prohibiting nursing facility staff from taking part in acts that result in person degradation, including the taking or using photographs or recordings in any manner that would demean or humiliate a resident, and prohibits using any type of equipment (e.g., cameras, smart phones, and other electronic devices) to take, keep, or distribute photographs and/or recordings on social media or through multimedia messages. Residents must not be subjected to abuse by anyone, including, but not limited to, facility staff, other residents, consultants or volunteers, staff of other agencies serving the resident, family members or legal guardians, friends, or other individuals.
It shall be the policy of this facility to implement written procedures that prohibit abuse, neglect, exploitation, and misappropriation of resident property.
These procedures shall include the screening and training of employees, protection of residents and the prevention, identification, investigation, and timely reporting of abuse, neglect, mistreatment, and misappropriation of property, without fear of recrimination or intimidation.
Employee Screening:
The facility shall screen all potential employees for a history of abuse, neglect, exploitation, misappropriation of property, or mistreatment of residents. The facility will not employ or otherwise engage individuals who: (i) Have been found guilty of resident abuse, neglect, exploitation, misappropriation of property, or mistre[TRUNCATED]