SERIOUS
(G)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Actual Harm - a resident was hurt due to facility failures
Free from Abuse/Neglect
(Tag F0600)
A resident was harmed · This affected 1 resident
Based on record review, interviews, and facility document and policy review, the facility failed to protect the resident's right to be free from sexual abuse by another resident for 1 (Resident #4) of...
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Based on record review, interviews, and facility document and policy review, the facility failed to protect the resident's right to be free from sexual abuse by another resident for 1 (Resident #4) of 6 residents reviewed for abuse prohibition. Resident #189 touched Resident #4, a severely cognitively impaired resident, inappropriately on the breast on 10/23/2022 and the facility failed to implement adequate interventions to address Resident #189's behavior. This failure resulted in Resident #189 touching Resident #4 inappropriately on the legs, private area, and breast area on 12/26/2022. It was determined that the reasonable person in Resident #1's position would have experienced psychosocial harm as a result of sexual abuse.
Findings included:
The facility policy titled, Freedom from Abuse, Neglect and Exploitation, dated November 2017 and last revised 09/13/2022, revealed, The facility will provide a safe resident environment and protect residents from abuse. The facility will keep residents free from abuse, neglect, misappropriation of resident property, and exploitation. This includes freedom from verbal, mental, sexual, or physical abuse, corporal punishment, involuntary seclusion and physical or chemical restraint not required to treat the resident's medical symptoms. The policy indicated under the Guidelines section, 3. When the facility has identified abuse, the facility should take appropriate steps to remediate the noncompliance and protect residents from additional abuse immediately. This includes but is not limited to: a. Take steps to prevent further potential abuse. b. Report the allegation to appropriate authorities within required timeframes. c. Conduct a thorough investigation of the allegation. d. Document and report the result of the investigation of the allegation. e. Take appropriate corrective action. f. Revise the resident care plan if indicated, to reflect changes to needs or preferences related to an abuse incident. The policy further indicated under the Guidelines section, 5. Resident to resident abuse: a. Cognitive impairment or mental disorder does not preclude a resident from being abusive. b. In determining abuse, willful (deliberate) action (not inadvertent or accidental) will be considered regardless of whether the individual intended to inflict injury or harm. c. Facility will assess the resident and care plan interventions to address resident behaviors that may indicate a risk for abuse, aggressive interactions (e.g. physical, sexual, or verbal aggression; taking, touching, or rummaging through another's property; wandering into another's rooms/space). The policy indicated sexual abuse was, a. Non-consensual sexual contact of any type with a resident who appears to want the contact to occur but lacks the cognitive ability to consent or a resident who does not want the contact to occur.
A review of Resident #4's admission Record revealed the facility admitted the resident on 11/01/2018 with diagnoses that included Alzheimer's disease with early onset, major depressive disorder, moderate intellectual disabilities, and generalized anxiety disorder.
A review of a quarterly Minimum Data Set (MDS), with an Assessment Reference Date (ARD) of 02/17/2023, revealed Resident #4 had a Brief Interview for Mental Status (BIMS) score of 0, indicating the resident had severe cognitive impairment. The MDS indicated the resident required limited assistance from staff with most activities of daily living but required extensive assistance from staff for dressing and personal hygiene.
A review of Resident #4's comprehensive care plans revealed a Focus, initiated on 11/06/2018, that indicated the resident had impaired thought processes related to Alzheimer's disease and unspecified dementia without behavioral disturbance. The care plan Focus indicated Resident #4 experienced frequent confusion and forgetfulness and had significant difficulty with recall.
A review of Resident #189's admission Record revealed the facility most recently admitted the resident on 07/08/2022 with diagnoses that included metabolic encephalopathy, schizoaffective disorder - depressive type, major depressive disorder - recurrent severe without psychotic features, dementia - unspecified severity with other behavioral disturbance, and schizoaffective disorder - bipolar type.
A review of a significant change in status MDS, with an ARD of 10/06/2022, revealed a Staff Assessment for Mental Status (SAMS) that indicated Resident #189 had short- and long-term memory problems and severely impaired cognitive skills for daily decision making. The MDS also indicated the resident had physical behavioral symptoms directed towards others (such as hitting, kicking, pushing, scratching, grabbing, or abusing others sexually), other behavioral symptoms not directed toward others (such as hitting or scratching self, pacing rummaging, public sexual acts, etc), and wandered one to three days of the seven-day assessment period. These behaviors significantly interfered with the resident's care and participation in activities or social interaction and significantly intruded on the privacy or activity of others and disrupted care or the living environment of others. The MDS indicated the behaviors had worsened since the previous MDS.
A review of Progress Notes, dated 10/11/2022 and completed by Registered Nurse (RN) #9, indicated nurses and certified nursing assistants (CNAs) reported Resident #189 was having increased sexual behaviors.
In an interview on 08/23/2023 at 9:17 AM, RN #9 stated Resident #189 became very sexual and was masturbating and asking females to get into bed with them. There had to be two staff present when providing care for Resident #189 to protect the staff. RN #9 said Resident #189 was difficult to redirect and very handsy.
A review of Progress Notes for Resident #189, dated 10/12/2022 and completed by the Social Worker (SW), indicated a call was received from the nurse practitioner (NP) related to Resident #189's increased sexual behaviors. The note indicated the NP increased the resident's sertraline (an antidepressant medication).
A review of Progress Notes for Resident #189, dated 10/22/2022 at 6:20 PM, indicated the resident was sexually inappropriate with staff and other residents. The note indicated Resident #189 was redirected several times during the shift.
A review of Progress Notes for Resident #189, dated 10/22/2022 at 6:30 PM, indicated Resident #189 was found in the lobby with another resident and had the resident cornered in the phone booth and was staring at their private areas. The note indicated no physical contact was made, but the cornered resident appeared to be no [sic] a fan of the situation.
A review of an incident report, dated 10/23/2022 and prepared by Licensed Practical Nurse (LPN) #11, revealed Resident #4 was in the dining room sitting at a table with Resident #189 when Resident #189 grabbed Resident #4's breast. Resident #4 slapped Resident #189's hand. The incident report indicated the residents were separated and a nurse stayed in the dining room with Resident #189 until they finished breakfast. According to the incident report, Resident #4 stated I want to get away from [Resident #189]. There were no injuries noted to Resident #4.
A review of Progress Notes for Resident #189, dated 10/23/2022 at 8:30 AM and completed by LPN #11, revealed Resident #189 was in the dining room sitting at a table with Resident #4 when Resident #189 grabbed Resident #4's breast. Resident #4 slapped Resident #189's hand. The note indicated the residents were separated and a nurse stayed with Resident #189 until they finished breakfast.
In an interview on 08/23/2023 at 12:20 PM, LPN #11 stated on 10/23/2022 someone reported to her that they saw Resident #189 grab Resident #4's breast. LPN #11 stated she did a report, a progress note, and contacted the Director of Nursing (DON) and Administrator right away. LPN #11 said she separated the two residents and monitored them closely. She said staff were to check both residents frequently and report any issues to the DON. LPN #11 stated staff were notified at the meetings during shift change by the DON and the Administrator to keep an eye on Resident #189 to prevent that kind of incident and how to report abuse. LPN #11 said Resident #189 was masturbating a lot prior to this incident and was somewhat redirectable. LPN #11 stated after the investigation, abuse was not substantiated because both residents had dementia.
A review of Resident #189's comprehensive care plan revealed a Focus, initiated on 02/11/2019, that addressed behaviors and indicated the resident had a history of delusions and hallucinations and was often nervous they had done something wrong and would be arrested. On 10/27/2022, the care plan Focus was updated to indicate Resident #189 had recently had an increase in socially inappropriate sexual behaviors. Interventions directed staff to educate Resident #189 and staff on successful coping and interaction strategies such as one to one visit/interventions, activities, deep breathing, reading, redirect with suggestions of working with maintenance, watching favorite movies, exercise etc., redirect inappropriate gestures/behaviors, encourage to keep hands clasped on head or knees during care. On 10/23/2022 an intervention was added that instructed staff to redirect away from female residents.
A review of Progress Notes for Resident #189, dated 10/25/2022, indicated the resident touched or grabbed multiple staff today. The note indicated Resident #189 grabbed one resident's side and was trying to force them closer to them. The note indicated Resident #189 removed their clothing and grabbed their genitalia and was trying to force the CNA's face towards their genitalia. The note indicated a nurse and the CNA spoke with the SW about Resident #189's behavior and indicated the interdisciplinary team (IDT) was discussing the situation with the physician and NP to find possible medication changes.
A review of Progress Notes for Resident #189, dated 10/27/2022, indicated Resident #189 put their hands down their pants and grabbed a CNA's buttocks when the CNA was placing water on the resident's bedside table. The note indicated the resident was redirected and told the behavior was inappropriate.
A review of Progress Notes for Resident #189, dated 11/08/2022, indicated the resident continued to have sexual behaviors and was very difficult or unsuccessful with redirection.
A review of Progress Notes for Resident #189, dated 11/12/2022, indicated the resident continued to have sexual behaviors with improvement with redirection. The note indicated Resident #189 continued to stare at females and make sexual sounds.
A review of Progress Notes for Resident #189, dated 11/14/2022, indicated the resident was in another resident's room with their pants down. The note indicated Resident #189 was taken to their room and tried three times to touch the nurse inappropriately. The note indicated Resident #189 was reminded of proper behavior towards others and was brought to the front lobby area to be monitored.
A review of Progress Notes for Resident #189, dated 11/17/2022, indicated the resident continued to have sexual behaviors towards female staff. The note indicated the resident refused to keep their brief and pants in place while in bed.
A review of Progress Notes for Resident #189, dated 11/22/2022, indicated the resident was awake all night and was continuously attempting to go into other resident's rooms. The note indicated the resident repeatedly attempted to go into the hallway without pants. The note indicated Resident #189 continued into the day yelling repetitive words and laughing loudly and needed to be checked every five minutes.
A review of Progress Notes for Resident #189, dated 11/26/2022 indicated the resident was difficult to direct. The note indicated the resident was propositioning staff for sex.
A review of Progress Notes for Resident #189, dated 12/08/2022, indicated the resident was found in another resident's room pouring water on their comforter.
A review of Progress Notes for Resident #189, dated 12/11/2022, indicated the resident needed frequent intervention and redirection to stay in their room, stay out of other resident's rooms and to not touch staff. The note indicated Resident #189 did not adhere to staff request for long and would stay in their room and keep their clothes on for approximately two to five minutes and would then come back out undressed and walking around the hall and into other resident's rooms. The note indicated Resident #189 either forgot or disregarded staff direction.
A review of Progress Notes for Resident #189, dated 12/11/2022, indicated the resident required multiple staff interventions and redirection to stay in their room, keep their clothes on, keep out of other resident's rooms and to not touch staff. The note indicated the resident either forgot or disregarded staff direction within minutes of being reminded.
A review of Progress Notes, dated 12/16/2022, indicated Resident #189's sexual behavior continued, and they required redirection and cueing.
A review of Progress Notes, dated 12/17/2022, indicated Resident #189's sexual behavior towards staff and residents continued.
A review of Progress Notes, dated 12/21/2022, indicated Resident #189 needed cueing for sexually inappropriate behaviors and required frequent reorientation to be appropriate and refrain from wandering to other resident rooms.
A review of Progress Notes, dated 12/26/2022 at 3:28 PM, indicated Resident #189 continued to stare at female residents, but the nurse had not heard any sexual comments on this day. The note indicated Resident #189 told the CNA during a shower that they wanted sex so bad but did not ask the CNA for sex.
A review of an incident report, dated 12/26/2022, revealed staff and residents witnessed Resident #189 in front of Resident #4 in the activity room. Resident #189 was seen massaging Resident #4's foot, and then stroked their hand up Resident #4's leg. Resident #4 was yelling for Resident #189 to go away and was swatting at Resident #189's hands with their hands. Resident #189's hands continued up Resident #4's leg to their private area, over the clothing, and then attempted to pull up Resident #4's shirt. The incident report indicated the kitchen staff (Cook #10) yelled at Resident #189 to stop and Resident #189 stepped back.
In an interview on 08/23/2023 at 8:47 AM, [NAME] #10, who witnessed the 12/26/2022 incident, stated the incident occurred after dinner around 7:00 PM. Resident #4 was sitting in a chair. [NAME] #10 said she witnessed Resident #189 rubbing Resident #4's legs. She told Resident #189 to stop but Resident #189 kept touching Resident #4 and began touching Resident #4's breast over Resident #4's shirt. [NAME] #10 stated she knew it was not right. Resident #4 kept telling Resident #189 to stop and was slapping Resident #189's hands away. [NAME] #10 stated she left the two residents alone while she left to get a nurse to help. [NAME] #10 stated she was not aware of any previous incidents between Resident #4 and Resident #189 and had not been told about any interventions related to Resident #189. [NAME] #10 stated she did not receive any training or in-services after the incident on 12/26/2022.
A review of Progress Notes for Resident #189, dated 12/26/2022 at 7:01 PM, revealed Resident #189 was seen trying to pull up Resident #4's shirt. The note revealed Resident #189 had been more mobile and was walking better so Resident #189 was able to leave their room sometimes and go to the activity and day room independently without staff seeing them. A nursing staff member was called into the room immediately by another resident.
A review of Progress Notes for Resident #189, dated 12/26/2022, revealed staff and resident questioning determined that Resident #189 was witnessed stroking their hand up Resident #4's leg and private area over Resident #4's clothes.
A review of Progress Notes, dated 12/27/2022 at 8:34 AM, indicated the Administrator interviewed Resident #189 about the incident and the resident did not recall the incident or know details about it. The note indicated the Administrator made Resident #189 aware the details of the allegation were inappropriate and unacceptable. The note indicted the Administrator used simple language that the resident could understand to explain how to avoid those types of situations in the future.
A review of Progress Notes, dated 12/27/2022 at 1:22 PM, indicated Resident #189 required frequent reorientation and redirection to their room on this day.
A review of a Progress Note, dated 12/28/2022, indicated Resident #189 was discharged from the facility.
In an interview on 08/23/2023 at 11:19 AM, CNA #21 stated staff were told to take another staff member in with them to Resident #189's room, to report any sexual inappropriate behavior, and keep a watchful eye. The intervention seemed to work because there were fewer reports of incidents related to staff. After the incident with Resident #4, staff were told to keep an eye on Resident #189 if they were going to be out of their room. The amount of redirecting depended on the day; sometimes they would have to redirect Resident #189 multiple times but other times Resident #189 would be agreeable after the first redirection. She did not recall a one to one supervision intervention but whoever was on the resident's hall or in the dining room would be responsible to watch over Resident #189.
In an interview on 08/23/2023 at 11:41 AM, RN #2 stated Resident #189 had some serious mental illness issues. She recalled Resident #189 began having increased sexual activity such as masturbating, grabbing at staff, and making comments to staff that they were going to marry them. She said Resident #189 was basically always under supervision when out of their room and ate at an individual table with a supervising staff person in the dining room. The interventions seemed to be more of a preventative measure rather than a solution and Resident #189 was only redirectable for a short time and then they would have to redirect them continually.
In an interview on 08/23/2023 at 9:17 AM, RN #9 stated Resident #189 was initially in a wheelchair but as time went on, Resident #189 was able to walk independently. She said Resident #189 could sometimes be redirected but most of the time Resident #189 would keep doing whatever inappropriate thing they were doing, and it would take several attempts to redirect. RN #9 stated staff tried to keep Resident #189 in their room. RN #9 stated Resident #189 was very active at night and went into other residents' rooms. She said at times staff would have to physically move Resident #189 in their wheelchair back to their room. RN #9 said redirection would only work some of the time and one to one supervision became necessary for a short time. She stated one to one supervision was not for days or weeks straight. RN #9 stated Resident #4 was sitting in a chair in the activity room and Resident #189 started groping Resident #4. The two residents were separated, and she asked Resident #4 if they were okay and Resident #4 said yes. She assessed Resident #4 for any injury or bruising and none were noted. She recalled Resident #189 had started touching Resident #4 at their legs and had gone up their legs (near their private area) and then maybe the chest area.
In an interview on 08/24/2023 at 12:33 PM, the DON stated for resident-to-resident abuse, the expectation was that staff provided a safe environment to the resident and then notified their direct supervisor. The DON stated a resident touching another resident would be considered abuse and she would expect that to be reported immediately or as soon as possible. The DON stated she would expect staff to implement the care plan interventions related to supervision of residents and keeping the residents separated. The DON indicated it would be a breach in facility policy if two residents were left unsupervised in an altercation/incident. The DON stated redirection was an appropriate intervention after Resident #189 touched Resident #4's breast in the dining room on 10/23/2022. The DON stated she felt like Resident #189 could be redirected and would respond but it probably depended on the time of day and who the staff person was who was working with Resident #189. The DON stated she would consider inappropriate touching as abuse.
In an interview on 08/24/2023 at 12:59 PM, the Administrator stated he would expect staff to report a resident-to-resident incident to the Administrator and separate the two residents. The Administrator stated care staff were expected to follow care plan interventions.
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
Deficiency F0573
(Tag F0573)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews, record review, and facility document and policy review, the facility failed to protect the resident's right...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews, record review, and facility document and policy review, the facility failed to protect the resident's right to obtain copies of the resident's medical record upon request for 1 (Resident #37) of 1 sampled discharged resident.
Findings included:
A review of a facility policy titled, Resident Records- Identifiable Information, revised 05/04/2023, indicated, 5. Medical records will be kept confidential, except when release is: a. To the individual or their representative where permitted by applicable law.
A review of Resident #37's admission Record indicated the facility admitted the resident on 05/20/2023 with diagnoses including the presence of a left artificial knee joint, major depression, and anxiety disorder. The record indicated the resident was discharged from the facility on 06/06/2023 to a private home with home health services.
The 5-day Minimum Data Set (MDS), with an Assessment Reference Date (ARD) of 05/25/2023, revealed Resident #37 had a Brief Interview for Mental Status (BIMS) score of 15, which indicated the resident was cognitively intact. Further review revealed there was an active discharge plan in place for the resident to return to the community.
A review of Resident #37's Care Plan, initiated on 05/31/2023, revealed that the resident wished to be discharged home. Interventions directed staff to make arrangements with required community resources to support independence post-discharge.
A review of Resident #37's physician's Order Summary Report for active orders as of 05/23/2023 indicated Resident #37 could administer their own medications, manage their own finances, and participate in their own plan of care.
A review of Resident #37's Discharge Planning and Summary, with a discharge date of 06/02/2023, indicated the resident requested to be discharged and was discharged home. According to the summary, medical records that were reviewed with the resident that would be sent with the resident or to the receiving provider included order summaries for pharmacy, diet, wound, and oxygen as applicable, advance directives, transfer/discharge report, and pertinent laboratory and/or diagnostic results.
During an interview on 08/23/2023 at 8:42 AM, Resident #37 stated they received a few records but not all of them. The resident stated they wanted the medication records from the facility. Resident #37 stated a charge for the records was not discussed. The resident reported having a friend go to the facility to obtain the records. However, when the friend arrived, the facility staff was surprised to learn that they were locked out of some of the resident's records. The resident reported that the facility never contacted them about additional medical records being available.
A review of an email from the Administrator to Certified Nursing Assistant (CNA) #12 on 06/08/2023 revealed the Administrator documented that Resident #37 would like a copy of their medical records. Per the email, the Administrator asked that CNA #12 call the resident, send records request forms, and help the resident identify what they wanted and how to get the records.
A review of an Authorization For Release Of Medical Records form revealed that on 06/12/2023, Resident #37 signed the release for the resident's provider to obtain All medical records to date. An email to CNA #12, copied to Legal, dated 06/12/2023 at 1:37 PM, revealed a request for the CNA to send the requested records and verify receipt. A review of an email from the provider's office to CNA #12, dated 06/12/2023 at 3:07 PM, revealed the provider's office verified receipt. A review of the email revealed the facility provided Progress Notes, physician Order Summary Report, and laboratory results (two pages) from laboratory tests collected on 05/22/20233.
On 08/23/2023 at 8:57 AM, the Director of Nursing (DON) indicated that CNA #12 was the staff that was responsible for medical records and medical record requests.
On 08/23/2023 at 9:03 AM, CNA #12 was interviewed regarding the facility's process for releasing medical records to discharged residents. The CNA reported that the process was to have the resident or representative complete a records request form and forward the request to the legal team. The legal team then notified the CNA whether they would release the records or if they wanted the CNA to release the records. The CNA stated she emailed Resident #37 a release form and notified the resident of the cost for the records. According to CNA #12, she never heard back from the resident but received a request for records from the resident's physician.
An interview with CNA #12 on 08/23/2023 at 10:45 AM revealed she had a discussion later with Resident #37 and told the resident copies of the resident's records were being sent to the physician. Resident #37 asked for the same records. CNA #12 stated the medical records sent to the physician included nursing notes, physician orders, and laboratory results.
An interview with CNA #12 on 08/24/2023 at 8:53 AM revealed she did not have documentation of Resident #37's medical record request. However, the CNA stated the resident wanted the entire medical record. She stated when Resident #37's friend came in to pick up records, the CNA told the friend that all the resident's documents were not available. Subsequently, the resident's friend took what the CNA had for the provider's office, printed out the remainder of the resident's record, and kept it in a drawer; however, no one ever came to pick up Resident #37's medical record.
An interview with the DON on 08/24/3023 at 10:38 AM revealed her expectation was that the facility would follow through in a timely manner and get requested records for residents.
On 08/24/2023 at 11:41 AM, the DON stated during an interview that the facility received an email request for medical records from Resident #37 on 06/08/2023. On 06/09/2023, the DON reported that a medical records request form was mailed to the resident, and on 06/12/2023, the medical records were sent to the physician's office, who confirmed receipt. The DON stated the resident's friend came to the facility on [DATE] or 06/14/2023 to get the resident's records. The DON also reported that on 06/15/2023, medical records staff notified the resident that the remainder of the records were ready to be picked up. The DON stated there was no documentation related to a request for medical records, the release of the records, nor contact made with the resident. According to the DON, the resident did not pick up the records, and after 30 days passed, the records were destroyed.
On 08/24/2023 at 10:57 AM, an interview with the Administrator revealed the process for obtaining a copy of medical records included obtaining a signed request for records authorization form that was forwarded to the company legal department, and it was managed from there. If it was a simple request, the legal department gave the facility authorization to release the records. The Administrator indicated the facility usually did not charge residents for a copy of the records, or they may charge a small amount. The Administrator indicated the facility utilized a form that residents could mark the records they wanted. The Administrator indicated if a resident requested all of the record, anything that was part of the medical record would be provided, excluding incident reports and emails. The Administrator stated medication administration records would be included when requested.
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
Abuse Prevention Policies
(Tag F0607)
Could have caused harm · This affected 1 resident
Based on interviews, record review, and facility policy and document review, the facility failed to follow and implement their abuse policies by failing to protect a resident from further potential ab...
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Based on interviews, record review, and facility policy and document review, the facility failed to follow and implement their abuse policies by failing to protect a resident from further potential abuse for 1 (Resident #4) of 7 residents reviewed for abuse prohibition. Specifically, Resident #4 was sexually abused by Resident #189 on 10/23/2022. Resident #189 continued having sexually inappropriate behaviors and then Resident #4 was sexually abused by Resident #189 again on 12/26/2022. During the incident on 12/26/2022, a staff member left the residents alone to get help while Resident #189 was still abusing Resident #4.
Findings included:
A review of a facility policy titled, Freedom from Abuse, Neglect and Exploitation, dated November 2017 and last revised 09/13/2022, revealed, The facility will provide a safe resident environment and protect residents from abuse. The facility will keep residents free from abuse, neglect, misappropriation of resident property, and exploitation. This includes freedom from verbal, mental, sexual, or physical abuse, corporal punishment, involuntary seclusion and physical or chemical restraint not required to treat the resident's medical symptoms. The policy indicated under the Guidelines section, 3. When the facility has identified abuse, the facility should take appropriate steps to remediate the noncompliance and protect residents from additional abuse immediately. This includes but is not limited to: a. Take steps to prevent further potential abuse.
A review of Resident #4's admission Record revealed the facility admitted the resident on 11/01/2018 with diagnoses that included Alzheimer's disease with early onset, major depressive disorder, moderate intellectual disabilities, and generalized anxiety disorder.
A review of a quarterly Minimum Data Set (MDS), with an Assessment Reference Date (ARD) of 02/17/2023, revealed Resident #4 had a Brief Interview for Mental Status (BIMS) score of 0, indicating the resident had severe cognitive impairment. The MDS indicated the resident required limited assistance from staff with most activities of daily living but required extensive assistance from staff for dressing and personal hygiene.
A review of Resident #4's comprehensive care plans revealed a Focus, initiated on 11/06/2018, that indicated the resident had impaired thought processes related to Alzheimer's disease and unspecified dementia without behavioral disturbance. The care plan Focus indicated Resident #4 experienced frequent confusion and forgetfulness and had significant difficulty with recall.
A review of Resident #189's admission Record revealed the facility most recently admitted the resident on 07/08/2022 with diagnoses that included metabolic encephalopathy, schizoaffective disorder - depressive type, major depressive disorder - recurrent severe without psychotic features, dementia - unspecified severity with other behavioral disturbance, and schizoaffective disorder - bipolar type.
A review of a significant change in status MDS, with an ARD of 10/06/2022, revealed a Staff Assessment for Mental Status (SAMS) that indicated Resident #189 had short- and long-term memory problems and severely impaired cognitive skills for daily decision making. The MDS also indicated the resident had physical behavioral symptoms directed towards others (such as hitting, kicking, pushing, scratching, grabbing, or abusing others sexually), other behavioral symptoms not directed toward others (such as hitting or scratching self, pacing rummaging, public sexual acts, etc), and wandered one to three days of the seven-day assessment period. These behaviors significantly interfered with the resident's care and participation in activities or social interaction and significantly intruded on the privacy or activity of others and disrupted care or the living environment of others. The MDS indicated the behaviors had worsened since the previous MDS.
A review of Resident #189's comprehensive care plan revealed a Focus, initiated on 02/11/2019, that addressed behaviors and indicated the resident had a history of delusions and hallucinations and was often nervous they had done something wrong and would be arrested. On 10/27/2022, the care plan Focus was updated to indicate Resident #189 had recently had an increase in socially inappropriate sexual behaviors. Interventions directed staff to educate Resident #189 and staff on successful coping and interaction strategies such as one to one visit/interventions, activities, deep breathing, reading, redirect with suggestions of working with maintenance, watching favorite movies, exercise etc., redirect inappropriate gestures/behaviors, encourage to keep hands clasped on head or knees during care. On 10/23/2022 an intervention was added that instructed staff to redirect away from female residents.
A review of a facility incident report dated 10/23/2022 revealed Resident #4 was in the dining room sitting with an unnamed resident when the other resident grabbed Resident #4's breast. Resident #4 slapped the hand of the other resident. The report indicated Resident #4 stated, I want to get away from [the other resident].
A review of Progress Notes, dated 10/11/2022, indicated nurses and certified nursing assistants (CNAs) reported Resident #189 was having increased sexual behaviors.
A review of Progress Notes for Resident #189, dated 10/12/2022, indicated a call was received from the nurse practitioner (NP) related to Resident #189's increased sexual behaviors. The note indicated the NP increased the resident's sertraline (an antidepressant medication).
A review of Progress Notes for Resident #189, dated 10/22/2022 at 6:20 PM, indicated the resident was sexually inappropriate with staff and other residents. The note indicated Resident #189 was redirected several times during the shift.
A review of Progress Notes for Resident #189, dated 10/22/2022 at 6:30 PM, indicated Resident #189 was found in the lobby with another resident and had the resident cornered in the phone booth and was staring at their private areas. The note indicated no physical contact was made, but the cornered resident appeared to be no [sic] a fan of the situation.
A review of an incident report, dated 10/23/2022 and prepared by Licensed Practical Nurse (LPN) #11, revealed Resident #4 was in the dining room sitting at a table with Resident #189 when Resident #189 grabbed Resident #4's breast. Resident #4 slapped Resident #189's hand. The incident report indicated the residents were separated and a nurse stayed in the dining room with Resident #189 until they finished breakfast. According to the incident report, Resident #4 stated I want to get away from [Resident #189]. There were no injuries noted to Resident #4.
A review of Progress Notes for Resident #189, dated 10/23/2022 at 8:30 AM, revealed Resident #189 was in the dining room sitting at a table with Resident #4 when Resident #189 grabbed Resident #4's breast. Resident #4 slapped Resident #189's hand. The note indicated the residents were separated and a nurse stayed with Resident #189 until they finished breakfast.
A review of Progress Notes for Resident #189, dated 10/25/2022, indicated the resident touched or grabbed multiple staff today. The note indicated Resident #189 grabbed one resident's side and was trying to force them closer to them. The note indicated Resident #189 removed their clothing and grabbed their genitalia and was trying to force the CNA's face towards their genitalia. The note indicated a nurse and the CNA spoke with the SW about Resident #189's behavior and indicated the interdisciplinary team (IDT) was discussing the situation with the physician and NP to find possible medication changes.
A review of Progress Notes for Resident #189, dated 10/27/2022, indicated Resident #189 put their hands down their pants and grabbed a CNA's buttocks when the CNA was placing water on the resident's bedside table. The note indicated the resident was redirected and told the behavior was inappropriate.
A review of Progress Notes for Resident #189, dated 11/08/2022, indicated the resident continued to have sexual behaviors and was very difficult or unsuccessful with redirection.
A review of Progress Notes for Resident #189, dated 11/12/2022, indicated the resident continued to have sexual behaviors with improvement with redirection. The note indicated Resident #189 continued to stare at females and make sexual sounds.
A review of Progress Notes for Resident #189, dated 11/14/2022, indicated the resident was in another resident's room with their pants down. The note indicated Resident #189 was taken to their room and tried three times to touch the nurse inappropriately. The note indicated Resident #189 was reminded of proper behavior towards others and was brought to the front lobby area to be monitored.
A review of Progress Notes for Resident #189, dated 11/17/2022, indicated the resident continued to have sexual behaviors towards female staff. The note indicated the resident refused to keep their brief and pants in place while in bed.
A review of Progress Notes for Resident #189, dated 11/26/2022 indicated the resident was difficult to direct. The note indicated the resident was propositioning staff for sex.
A review of Progress Notes for Resident #189, dated 12/11/2022, indicated the resident needed frequent intervention and redirection to stay in their room, stay out of other resident's rooms and to not touch staff. The note indicated Resident #189 did not adhere to staff request for long and would stay in their room and keep their clothes on for approximately two to five minutes and would then come back out undressed and walking around the hall and into other resident's rooms. The note indicated Resident #189 either forgot or disregarded staff direction.
A review of Progress Notes for Resident #189, dated 12/11/2022, indicated the resident required multiple staff interventions and redirection to stay in their room, keep their clothes on, keep out of other resident's rooms and to not touch staff. The note indicated the resident either forgot or disregarded staff direction within minutes of being reminded.
A review of Progress Notes, dated 12/16/2022, indicated Resident #189's sexual behavior continued, and they required redirection and cueing.
A review of Progress Notes, dated 12/17/2022, indicated Resident #189's sexual behavior towards staff and residents continued.
A review of Progress Notes, dated 12/21/2022, indicated Resident #189 needed cueing for sexually inappropriate behaviors and required frequent reorientation to be appropriate and refrain from wandering to other resident rooms.
A review of Progress Notes, dated 12/26/2022 at 3:28 PM, indicated Resident #189 continued to stare at female residents, but the nurse had not heard any sexual comments on this day. The note indicated Resident #189 told the CNA during a shower that they wanted sex so bad but did not ask the CNA for sex.
A review of an incident report, dated 12/26/2022, revealed staff and residents witnessed Resident #189 in front of Resident #4 in the activity room. Resident #189 was seen massaging Resident #4's foot, and then stroked their hand up Resident #4's leg. Resident #4 was yelling for Resident #189 to go away and was swatting at Resident #189's hands with their hands. Resident #189's hands continued up Resident #4's leg to their private area, over the clothing, and then attempted to pull up Resident #4's shirt. The incident report indicated the kitchen staff (Cook #10) yelled at Resident #189 to stop and Resident #189 stepped back.
A review of Progress Notes for Resident #189, dated 12/26/2022 at 7:01 PM, revealed Resident #189 was seen trying to pull up Resident #4's shirt. The note revealed Resident #189 had been more mobile and was walking better so Resident #189 was able to leave their room sometimes and go to the activity and day room independently without staff seeing them. A nursing staff member was called into the room immediately by another resident.
A review of Progress Notes for Resident #189, dated 12/26/2022, revealed staff and resident questioning determined that Resident #189 was witnessed stroking their hand up Resident #4's leg and private area over Resident #4's clothes.
A review of Progress Notes, dated 12/27/2022 at 8:34 AM, indicated the Administrator interviewed Resident #189 about the incident and the resident did not recall the incident or know details about it. The note indicated the Administrator made Resident #189 aware the details of the allegation were inappropriate and unacceptable. The note indicted the Administrator used simple language that the resident could understand to explain how to avoid those types of situations in the future.
A review of behavior tracking forms for Resident #189 for the timeframe from 10/01/2022 through 12/29/2022 revealed that sexually inappropriate was indicated on 57 dates during that time period.
In an interview on 08/23/2023 at 8:47 AM, [NAME] #10, who witnessed the 12/26/2022 incident, stated the incident occurred after dinner around 7:00 PM. Resident #4 was sitting in a chair. [NAME] #10 said she witnessed Resident #189 rubbing Resident #4's legs. She told Resident #189 to stop but Resident #189 kept touching Resident #4 and began touching Resident #4's breast over Resident #4's shirt. [NAME] #10 stated she knew it was not right. Resident #4 kept telling Resident #189 to stop and was slapping Resident #189's hands away. [NAME] #10 stated she left the two residents alone while she left to get a nurse to help. [NAME] #10 stated she worked in the kitchen, so she did not often deal with those types of situations, and her first priority was getting a nurse. [NAME] #10 stated she was not aware of any previous incidents between Resident #4 and Resident #189 and had not been told about any interventions related to Resident #189. [NAME] #10 stated she did not receive any training or in-services after the incident on 12/26/2022.
In a follow up interview on 08/23/2023 at 1:20 PM, [NAME] #10 stated she ran to the nurses' station to call for a nurse. [NAME] #10 indicated no more than a minute passed between witnessing the incident and getting the nurse.
In an interview on 08/23/2023 at 9:17 AM, Registered Nurse (RN) #9 stated Resident #189 had become very sexual, possibly due to a medication change, and would ask females to get into bed with the resident. RN #9 said two staff would always work together with Resident #189 for their own protection. RN #9 stated Resident #189 was difficult to redirect and very handy. RN #9 stated Resident #4 was sitting in a chair in the activity room and Resident #189 started groping Resident #4. Once RN #9 arrived at the scene, the two residents were separated. She recalled Resident #189 had started touching Resident #4 at their legs and had gone up their legs (near the private area) and then maybe the chest area. RN #9 stated the first thing to do in this situation would be to separate the residents and notify the Administrator and the residents' families.
In an interview on 08/24/2023 at 12:33 PM, the Director of Nursing (DON) stated that in the case of resident-to-resident abuse, the expectation was that staff provide a safe environment to the resident and then notify their direct supervisor. The DON stated it would be a breach in policy if two residents were left unsupervised in an altercation. The DON stated she would consider inappropriate touching as abuse.
In an interview on 08/24/2023 at 12:59 PM, the Administrator stated he would expect staff to report a resident-to-resident incident to the Administrator and separate the two 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
Comprehensive Care Plan
(Tag F0656)
Could have caused harm · This affected 1 resident
Based on interviews, record review, and facility document and policy review, the facility failed to develop and implement a care plan with appropriate interventions to prevent resident-to-resident sex...
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Based on interviews, record review, and facility document and policy review, the facility failed to develop and implement a care plan with appropriate interventions to prevent resident-to-resident sexual abuse. Specifically, Resident #189 began having increased sexual behaviors toward staff and residents on approximately 10/11/2022. On 10/23/2022, Resident #189 touched Resident #4 inappropriately on the breast and on 12/26/2022 a second incident occurred where Resident #189 and Resident #4 were left unsupervised and Resident #189 touched Resident #4 on the legs, private area, and breast area. The facility did not implement Resident #189's care plan that directed staff to redirect the resident away from female residents.
Findings included:
The facility policy titled, Freedom from Abuse, Neglect and Exploitation dated November 2017 and last revised 09/13/2022, revealed, The facility will provide a safe resident environment and protect residents from abuse. The facility will keep residents free from abuse, neglect, misappropriation of resident property and exploitation. This includes freedom from verbal, mental, sexual, or physical abuse, corporal punishment, involuntary seclusion and physical or chemical restraint not required to treat the resident's medical symptoms. The policy further indicated, e. Take appropriate corrective action. f. Revise the resident care plan if indicated, to reflect changes to needs or preferences related to an abuse incident.
A review of Resident #4's admission Record revealed the facility admitted the resident on 11/01/2018 with diagnoses that included Alzheimer's disease with early onset, major depressive disorder, moderate intellectual disabilities, and generalized anxiety disorder.
A review of a quarterly Minimum Data Set (MDS), with an Assessment Reference Date (ARD) of 02/17/2023, revealed Resident #4 had a Brief Interview for Mental Status (BIMS) score of 0, indicating the resident had severe cognitive impairment. The MDS indicated the resident required limited assistance from staff with most activities of daily living but required extensive assistance from staff for dressing and personal hygiene.
A review of Resident #4's comprehensive care plans revealed a Focus, initiated on 11/06/2018, that indicated the resident had impaired thought processes related to Alzheimer's disease and unspecified dementia without behavioral disturbance. The care plan Focus indicated Resident #4 experienced frequent confusion and forgetfulness and had significant difficulty with recall.
A review of Resident #189's admission Record revealed the facility most recently admitted the resident on 07/08/2022 with diagnoses that included metabolic encephalopathy, schizoaffective disorder - depressive type, major depressive disorder - recurrent severe without psychotic features, dementia - unspecified severity with other behavioral disturbance, and schizoaffective disorder - bipolar type.
A review of a significant change in status MDS, with an ARD of 10/06/2022, revealed a Staff Assessment for Mental Status (SAMS) that indicated Resident #189 had short- and long-term memory problems and severely impaired cognitive skills for daily decision making. The MDS also indicated the resident had physical behavioral symptoms directed towards others (such as hitting, kicking, pushing, scratching, grabbing, or abusing others sexually), other behavioral symptoms not directed toward others (such as hitting or scratching self, pacing rummaging, public sexual acts, etc), and wandered one to three days of the seven-day assessment period. These behaviors significantly interfered with the resident's care and participation in activities or social interaction and significantly intruded on the privacy or activity of others and disrupted care or the living environment of others. The MDS indicated the behaviors had worsened since the previous MDS.
A review of Progress Notes, dated 10/11/2022 and completed by Registered Nurse (RN) #9, indicated nurses and Certified Nursing Assistants (CNA) reported Resident #189 was having increased sexual behaviors.
In an interview on 08/23/2023 at 9:17 AM, RN #9 stated Resident #189 became very sexual and was masturbating and asking females to get into bed with them. There had to be two staff present when providing care for Resident #189 to protect the staff. RN #9 said Resident #189 was difficult to redirect and very handsy.
A review of Progress Notes for Resident #189, dated 10/12/2022 and completed by the Social Worker (SW), indicated a call was received from the nurse practitioner (NP) related to Resident #189's increased sexual behaviors. The note indicated the NP increased the resident's sertraline (an antidepressant medication).
A review of Progress Notes for Resident #189, dated 10/22/2022 at 6:20 PM, indicated the resident was sexually inappropriate with staff and other residents. The note indicated Resident #189 was redirected several times during the shift.
A review of Progress Notes for Resident #189, dated 10/22/2022 at 6:30 PM, indicated Resident #189 was found in the lobby with another resident and had the resident cornered in the phone booth and was staring at their private areas. The note indicated no physical contact was made, but the cornered resident appeared to be no [sic] a fan of the situation.
A review of an incident report, dated 10/23/2022 and prepared by Licensed Practical Nurse (LPN) #11, revealed Resident #4 was in the dining room sitting at a table with Resident #189 when Resident #189 grabbed Resident #4's breast. Resident #4 slapped Resident #189's hand. The incident report indicated the residents were separated and a nurse stayed in the dining room with Resident #189 until they finished breakfast. According to the incident report, Resident #4 stated I want to get away from [Resident #189]. There were no injuries noted to Resident #4.
A review of Progress Notes for Resident #189, dated 10/23/2022 at 8:30 AM and completed by LPN #11, revealed Resident #189 was in the dining room sitting at a table with Resident #4 when Resident #189 grabbed Resident #4's breast. Resident #4 slapped Resident #189's hand. The note indicated the residents were separated and a nurse stayed with Resident #189 until they finished breakfast.
In an interview on 08/23/2023 at 12:20 PM, LPN #11 stated on 10/23/2022 someone reported to her that they saw Resident #189 grab Resident #4's breast. LPN #11 stated she did a report, a progress note, and contacted the Director of Nursing (DON) and Administrator right away. LPN #11 said she separated the two residents and monitored them closely. She said staff were to check both residents frequently and report any issues to the DON. LPN #11 stated staff were notified at the meetings during shift change by the DON and the Administrator to keep an eye on Resident #189 to prevent that kind of incident. LPN #11 said Resident #189 was masturbating a lot prior to this incident and was somewhat redirectable.
A review of Resident #189's comprehensive care plan revealed a Focus, initiated on 02/11/2019, that addressed behaviors and indicated the resident had a history of delusions and hallucinations and was often nervous they had done something wrong and would be arrested. On 10/27/2022, the care plan Focus was updated to indicate Resident #189 had recently had an increase in socially inappropriate sexual behaviors. Interventions directed staff to educate Resident #189 and staff on successful coping and interaction strategies such as one to one visit/interventions, activities, deep breathing, reading, redirect with suggestions of working with maintenance, watching favorite movies, exercise etc. (initiated on 02/11/2019), redirect inappropriate gestures/behaviors and encourage to keep hands clasped on head or knees during care (initiated on 11/14/2022). On 10/23/2022 an intervention was added that instructed staff to redirect away from female residents and on 11/14/2022 an intervention was added to redirect the resident as needed.
A review of Progress Notes for Resident #189, dated 10/25/2022, indicated the resident touched or grabbed multiple staff today. The note indicated Resident #189 grabbed one resident's side and was trying to force them closer to them. The note indicated Resident #189 removed their clothing and grabbed their genitalia and was trying to force the CNA's face towards their genitalia. The note indicated a nurse and the CNA spoke with the SW about Resident #189's behavior and indicated the interdisciplinary team (IDT) was discussing the situation with the physician and NP to find possible medication changes.
A review of Progress Notes for Resident #189, dated 10/27/2022, indicated Resident #189 put their hands down their pants and grabbed a CNA's buttocks when the CNA was placing water on the resident's bedside table. The note indicated the resident was redirected and told the behavior was inappropriate.
A review of Progress Notes for Resident #189, dated 11/08/2022, indicated the resident continued to have sexual behaviors and was very difficult or unsuccessful with redirection.
A review of Progress Notes for Resident #189, dated 11/12/2022, indicated the resident continued to have sexual behaviors with improvement with redirection. The note indicated Resident #189 continued to stare at females and make sexual sounds.
A review of Progress Notes for Resident #189, dated 11/14/2022, indicated the resident was in another resident's room with their pants down. The note indicated Resident #189 was taken to their room and tried three times to touch the nurse inappropriately. The note indicated Resident #189 was reminded of proper behavior towards others and was brought to the front lobby area to be monitored.
A review of Progress Notes for Resident #189, dated 11/17/2022, indicated the resident continued to have sexual behaviors towards female staff. The note indicated the resident refused to keep their brief and pants in place while in bed.
A review of Progress Notes for Resident #189, dated 11/22/2022, indicated the resident was awake all night and was continuously attempting to go into other resident's rooms. The note indicated the resident repeatedly attempted to go into the hallway without pants. The note indicated Resident #189 continued into the day yelling repetitive words and laughing loudly and needed to be checked every five minutes.
A review of Progress Notes for Resident #189, dated 11/26/2022 indicated the resident was difficult to direct. The note indicated the resident was propositioning staff for sex.
A review of Progress Notes for Resident #189, dated 12/08/2022, indicated the resident was found in another resident's room pouring water on their comforter.
A review of Progress Notes for Resident #189, dated 12/11/2022, indicated the resident needed frequent intervention and redirection to stay in their room, stay out of other resident's rooms and to not touch staff. The note indicated Resident #189 did not adhere to staff request for long and would stay in their room and keep their clothes on for approximately two to five minutes and would then come back out undressed and walking around the hall and into other resident's rooms. The note indicated Resident #189 either forgot or disregarded staff direction.
A review of Progress Notes for Resident #189, dated 12/11/2022, indicated the resident required multiple staff interventions and redirection to stay in their room, keep their clothes on, keep out of other resident's rooms and to not touch staff. The note indicated the resident either forgot or disregarded staff direction within minutes of being reminded.
A review of Progress Notes, dated 12/16/2022, indicated Resident #189's sexual behavior continued, and they required redirection and cueing.
A review of Progress Notes, dated 12/17/2022, indicated Resident #189's sexual behavior towards staff and residents continued.
A review of Progress Notes, dated 12/21/2022, indicated Resident #189 needed cueing for sexually inappropriate behaviors and required frequent reorientation to be appropriate and refrain from wandering to other resident rooms.
A review of Progress Notes, dated 12/26/2022 at 3:28 PM, indicated Resident #189 continued to stare at female residents, but the nurse had not heard any sexual comments on this day. The note indicated Resident #189 told the CNA during a shower that they wanted sex so bad but did not ask the CNA for sex.
Further review of Resident #189's comprehensive care plan revealed the care plan was not updated to reflect new interventions to address Resident #189's inappropriate sexual behaviors as the resident continued having inappropriate sexual behaviors following the incident with Resident #4 on 10/23/2022. The care plan instructed staff to redirect the resident, but per the Progress Notes, the resident could not always be redirected, indicating this was not an appropriate intervention.
A review of an incident report, dated 12/26/2022, revealed staff and residents witnessed Resident #189 in front of Resident #4 in the activity room. Resident #189 was seen massaging Resident #4's foot, and then stroked their hand up Resident #4's leg. Resident #4 was yelling for Resident #189 to go away and was swatting at Resident #189's hands with their hands. Resident #189's hands continued up Resident #4's leg to their private area, over the clothing, and then attempted to pull up Resident #4's shirt. The incident report indicated the kitchen staff (Cook #10) yelled at Resident #189 to stop and Resident #189 stepped back.
In an interview on 08/23/2023 at 8:47 AM, [NAME] #10, who witnessed the 12/26/2022 incident, stated the incident occurred after dinner around 7:00 PM. Resident #4 was sitting in a chair. [NAME] #10 said she witnessed Resident #189 rubbing Resident #4's legs. She told Resident #189 to stop but Resident #189 kept touching Resident #4 and began touching Resident #4's breast over Resident #4's shirt. [NAME] #10 stated she knew it was not right. Resident #4 kept telling Resident #189 to stop and was slapping Resident #189's hands away. [NAME] #10 stated she left the two residents alone while she left to get a nurse to help. [NAME] #10 stated she was not aware of any previous incidents between Resident #4 and Resident #189 and had not been told about any interventions related to Resident #189.
A review of Progress Notes for Resident #189, dated 12/26/2022 at 7:01 PM, revealed Resident #189 was seen trying to pull up Resident #4's shirt. The note revealed Resident #189 had been more mobile and was walking better so Resident #189 was able to leave their room sometimes and go to the activity and day room independently without staff seeing them. A nursing staff member was called into the room immediately by another resident.
A review of Progress Notes for Resident #189, dated 12/26/2022, revealed staff and resident questioning determined that Resident #189 was witnessed stroking their hand up Resident #4's leg and private area over Resident #4's clothes.
A review of Progress Notes, dated 12/27/2022 at 8:34 AM, indicated the Administrator interviewed Resident #189 about the incident and the resident did not recall the incident or know details about it. The note indicated the Administrator made Resident #189 aware the details of the allegation were inappropriate and unacceptable. The note indicted the Administrator used simple language that the resident could understand to explain how to avoid those types of situations in the future.
A review of Progress Notes, dated 12/27/2022 at 1:22 PM, indicated Resident #189 required frequent reorientation and redirection to their room on this day.
A review of a Progress Note, dated 12/28/2022, indicated Resident #189 was discharged from the facility.
In an interview on 08/23/2023 at 11:19 AM, CNA #21 stated staff were told to take another staff member in with them to Resident #189's room, to report any sexual inappropriate behavior, and keep a watchful eye. The intervention seemed to work because there were fewer reports of incidents related to staff. After the incident with Resident #4, staff were told to keep an eye on Resident #189 if they were going to be out of their room. The amount of redirecting depended on the day; sometimes they would have to redirect Resident #189 multiple times but other times Resident #189 would be agreeable after the first redirection. She did not recall a one to one supervision intervention but whoever was on the resident's hall or in the dining room would be responsible to watch over Resident #189.
In an interview on 08/23/2023 at 11:41 AM, RN #2 stated Resident #189 had some serious mental illness issues. She recalled Resident #189 began having increased sexual activity such as masturbating, grabbing at staff, and making comments to staff that they were going to marry them. She said Resident #189 was basically always under supervision when out of their room and ate at an individual table with a supervising staff person in the dining room. The interventions seemed to be more of a preventative measure rather than a solution and Resident #189 was only redirectable for a short time and then they would have to redirect them continually.
In an interview on 08/23/2023 at 9:17 AM, RN #9 stated Resident #189 could sometimes be redirected but most of the time Resident #189 would keep doing whatever inappropriate thing they were doing, and it would take several attempts to redirect. RN #9 stated staff tried to keep Resident #189 in their room. RN #9 stated Resident #189 was very active at night and went into other residents' rooms. She said at times staff would have to physically move Resident #189 in their wheelchair back to their room. RN #9 said redirection would only work some of the time and one to one supervision became necessary for a short time. She stated one to one supervision was not for days or weeks straight.
In an interview on 08/24/2023 at 12:33 PM, the DON stated she would expect staff to implement the care plan interventions related to supervision of residents and keeping the residents separated. The DON stated redirection was an appropriate intervention after Resident #189 touched Resident #4's breast in the dining room on 10/23/2022. The DON stated she felt like Resident #189 could be redirected and would respond but it probably depended on the time of day and who the staff person was who was working with Resident #189.
In an interview on 08/24/2023 at 12:59 PM, the Administrator stated he would expect staff to report a resident-to-resident incident to the Administrator and separate the two residents. The Administrator stated care staff were expected to follow care plan interventions.
CONCERN
(E)
📢 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
Report Alleged Abuse
(Tag F0609)
Could have caused harm · This affected multiple residents
Based on record reviews, interviews, and facility document and policy review, the facility failed to report allegations of abuse within the required two-hour timeframe. This failure affected 4 of 5 to...
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Based on record reviews, interviews, and facility document and policy review, the facility failed to report allegations of abuse within the required two-hour timeframe. This failure affected 4 of 5 total allegations of abuse reviewed by the survey team, involving 5 (Residents #4, #189, #15, #19, and #16) of 6 sampled residents reviewed for abuse concerns. On 10/22/2022 and 12/26/2022, facility staff observed Resident #189 touch Resident #4 inappropriately. The facility did not report either allegation of sexual abuse to the state survey agency. On 03/16/2023, Resident #15 alleged Resident #4 hit them, but the facility did not report the allegation of physical abuse to the state survey agency until 03/19/2023 after a second allegation was made. On 04/27/2023, Resident #19 alleged that Resident #16 inappropriately touched them, and the facility did not report the allegation of sexual abuse to the state survey agency until 04/28/2023.
Findings included:
A review of a facility policy titled, Freedom from Abuse, Neglect and Exploitation, dated 11/2017, revealed, 3. When the facility has identified abuse, the facility should take appropriate steps to remediate the noncompliance and protect residents from additional abuse immediately, and indicated staff should, b. Report the allegation to appropriate authorities within required timeframes.
Review of a document provided by the facility titled, Resident-to-Resident Altercation Flowchart, dated 11/01/2018 from the Utah Department of Health, revealed when a resident-to-resident altercation occurred, the first step was to determine if the resident acted willfully. The flowchart indicated, Willful means that the individual's act was deliberate - not inadvertent or accidental - regardless of whether or not the individual intended to inflict injury or harm. The flowchart then indicated if the facility determined the act was willful or they were unable to determine, the facility should determine whether the victim suffered pain, physical injury, or psychological or emotional harm as a result of the altercation. The flowsheet indicated that, If the victim(s) cannot give a response, consider whether a reasonable person would have experienced psychological distress. If the answer was yes or the facility was unable to determine, the incident should be reported to the state survey agency. The flowchart further instructed the facility on the following: Use of this flowsheet must provide for immediate reporting (F609) or the facility must clearly document the rationale for not reporting.
1. A review of Resident #4's admission Record revealed the facility admitted the resident on 11/01/2018 with diagnoses that included Alzheimer's disease with early onset, major depressive disorder, moderate intellectual disabilities, and generalized anxiety disorder.
A review of a quarterly Minimum Data Set (MDS), with an Assessment Reference Date (ARD) of 02/17/2023, revealed Resident #4 had a Brief Interview for Mental Status (BIMS) score of 0, indicating the resident had severe cognitive impairment.
A review of Resident #4's comprehensive care plans revealed a Focus, initiated on 11/06/2018, that indicated the resident had impaired thought processes related to Alzheimer's disease and unspecified dementia without behavioral disturbance. The care plan Focus indicated Resident #4 experienced frequent confusion and forgetfulness and had significant difficulty with recall.
A review of Resident #189's admission Record revealed the facility most recently admitted the resident on 07/08/2022 with diagnoses that included metabolic encephalopathy, schizoaffective disorder - depressive type, major depressive disorder - recurrent severe without psychotic features, dementia - unspecified severity with other behavioral disturbance, and schizoaffective disorder - bipolar type.
A review of a significant change in status MDS, with an ARD of 10/06/2022, revealed a Staff Assessment for Mental Status (SAMS) that indicated Resident #189 had short- and long-term memory problems and severely impaired cognitive skills for daily decision making. The MDS also indicated the resident had physical behavioral symptoms directed towards others (such as hitting, kicking, pushing, scratching, grabbing, or abusing others sexually), other behavioral symptoms not directed toward others (such as hitting or scratching self, pacing rummaging, public sexual acts, etc.), and wandered one to three days of the seven-day assessment period.
A review of Resident #189's comprehensive care plan revealed a Focus, initiated on 02/11/2019, that addressed behaviors and indicated the resident had a history of delusions and hallucinations and was often nervous they had done something wrong and would be arrested. On 10/27/2022, the care plan Focus was updated to indicate Resident #189 had recently had an increase in socially inappropriate sexual behaviors.
A review of an incident report, dated 10/23/2022 at 8:32 AM and prepared by Licensed Practical Nurse (LPN) #11, revealed that while Resident #4 was in the dining room, Resident #189 grabbed Resident #4's breast. According to the incident report, Resident #4 stated, I want to get away from [Resident #189].
In an interview on 08/23/2023 at 12:20 PM, LPN #11 stated someone reported to her that they saw Resident #189 grab Resident #4's breast. LPN #11 stated she completed a report, a progress note, and contacted the Director of Nursing (DON) and the Administrator right away.
A review of an incident report, dated 12/26/2022 at 5:49 PM and prepared by Registered Nurse (RN) #9, revealed staff and residents witnessed Resident #189 in front of Resident #4 in the activity room. Resident #189 was seen massaging Resident #4's foot, and then stroked their hand up Resident #4's leg. Resident #4 was yelling for Resident #189 to go away and was swatting at Resident #189's hands with their hands. Resident #189's hands continued up Resident #4's leg to their private area, over the clothing, and then Resident #189 attempted to pull up Resident #4's shirt. Kitchen staff (Cook #10) yelled at Resident #189 to stop, and Resident #189 stepped back.
In an interview on 08/23/2023 at 8:47 AM, [NAME] #10 stated the incident occurred after dinner around 7:00 PM. [NAME] #10 indicated she saw Resident #4 sitting in a chair, and she witnessed Resident #189 rubbing Resident #4's legs. She told Resident #189 to stop, but Resident #189 kept touching Resident #4 and began touching Resident #4's breasts over Resident #4's shirt. [NAME] #10 indicated she notified the nurse (RN #9).
In an interview on 08/23/2023 at 9:17 AM, RN #9 stated she could not recall the details of the incident and did not recall if she was an eyewitness to it or if she was called to the incident. RN #9 stated Resident #4 was sitting in a chair in the activity room and Resident #189 started groping Resident #4. RN #9 said she separated the residents and notified the Administrator of the incident.
In an interview on 08/24/2023 at 12:33 PM, the Director of Nursing (DON) stated a resident touching another resident would be considered abuse, and she would expect that to be reported immediately or as soon as possible. The DON indicated she would report to the Administrator, and depending on the severity, the Administrator would report to corporate, the police, the state health department, and Adult Protective Services (APS). The DON indicated allegations of sexual abuse should be reported within two hours.
In an interview on 08/22/2023 at 2:00 PM, the Administrator stated he did the reportables and he did not have a report to the state survey agency for the incidents involving Resident #4 and Resident #189 on 10/23/2022 or 12/26/2022. He stated, For whatever the reason it wasn't [was not] reportable at the time. After reviewing the incident reports, the Administrator stated it was not reportable because Resident #4 was swatting the perpetrator away; there was not actually any touching, and kitchen staff intervened.
In an interview on 08/22/2023 at 2:30 PM, the Administrator referred to the document titled, Resident-to Resident Altercation Flowchart, dated 11/01/2018 from the Utah Department of Health, and said the facility had not reported these incidents because both residents were cognitively impaired.
2. A review of Resident #4's admission Record revealed the facility admitted the resident on 11/01/2018 with diagnoses that included Alzheimer's disease with early onset, major depressive disorder, moderate intellectual disabilities, and generalized anxiety disorder.
A review of a quarterly Minimum Data Set (MDS), with an Assessment Reference Date (ARD) of 02/17/2023, revealed Resident #4 had a Brief Interview for Mental Status (BIMS) score of 0, indicating the resident had severe cognitive impairment.
A review of Resident #4's comprehensive care plans revealed a Focus, initiated on 11/06/2018, that indicated the resident had impaired thought processes related to Alzheimer's disease and early onset and unspecified dementia without behavioral disturbance. The care plan Focus indicated Resident #4 experienced frequent confusion and forgetfulness and had significant difficulty with recall.
A review of Resident #15's admission Record revealed the facility most recently admitted the resident on 11/16/2020 with diagnoses that included cerebral infarction, dementia in other diseases classified elsewhere - unspecified severity with agitation, and vascular dementia.
A review of a quarterly MDS, with an ARD of 01/16/2023, revealed Resident #15 had a BIMS score of 8, indicating the resident had moderate cognitive impairment Per the MDS, the resident exhibited verbal behavioral symptoms directed towards others (such as threatening others, screaming at others, or cursing at others) one to three days of the seven-day assessment period.
A review of Resident #15's comprehensive care plans revealed a Focus, initiated on 01/13/2020, addressing behaviors. This care plan Focus was updated on 03/20/2023 to indicate Resident #15 claimed another resident hit them in the left eye.
A review of Resident #15's Progress Notes revealed a Physician/Practitioner Note, dated 03/16/2023 at 8:36 PM and documented by Nurse Practitioner (NP) #4, that indicated Resident #15 was seen that day for a regulatory visit. The note indicated, [Resident #15] tells me [the resident's] room-mate [sic] hit [Resident #15] on the side of the face. NP #4 indicated they were not sure if this was true, because Resident #15 had dementia, and the resident accused of hitting them (Resident #4) was not the resident's roommate.
A review of Resident #15's Progress Notes revealed an IDT [Interdisciplinary Team] Note, dated 03/17/2023 at 9:37 AM and documented by the Administrator. The IDT Note indicated the NP's assessment revealed no injury and the Administrator was notified immediately. The note further indicated, No harm or injury, no change to resident routine. Not reportable per crosswalk.
A review of Resident #15's Progress Notes revealed an IDT Note, dated 03/19/2023 at 9:45 PM, that indicated Resident #15 made a second allegation of another resident hitting them in the eye that night at dinner time. The note further indicated, Due to second allegation a report was filed to APS [Adult Protective Services] and DHS [Department of Health and Human Services].
A review of an Initial Report, dated 03/19/2023, revealed the facility submitted an initial report of alleged resident to resident physical abuse to the state survey agency. The Initial Report indicated the facility became aware on 03/19/2023 at 8:30 PM and the Administrator was notified at 8:40 PM that Resident #15 reported to a certified nursing assistant (CNA) that Resident #4 hit them that evening (03/19/2023) after meal service, around 6:30 PM. Resident #15 said Resident #4 had hit them before but was unclear on the date or time. The report indicated that Due to claim from [Resident #15] that [Resident #4] hit [him/her] in the eye before, although there is no evidence of injury, harm and [Resident #15] is at baseline, this report is being submitted and investigation begun.
A review of an email correspondence, Subject: Initial entity report, from the Administrator to the state survey agency revealed the initial report was submitted on 03/19/2023 at 9:32 PM.
In an interview on 08/22/2023 at 12:19 PM, NP #4 stated she saw Resident #15 for a regulatory visit. After reviewing her visit note, NP #4 stated she was not sure if Resident #15's allegation was true, because the resident had dementia. NP #4 said she assumed she spoke with the Director of Nursing (DON) or one of the nurses regarding the allegation.
In an interview on 08/24/2023 at 12:33 PM, the DON stated her expectation was that staff provide a safe environment to the resident and then notify their direct supervisor. The DON indicated Resident #15 told the NP that Resident #4 had hit them in the eye. The DON said after NP #4 notified her of the allegation, she notified the Administrator. The DON said if Resident #15 originally made the allegation on 03/16/2023, the initial report should have been submitted on 03/16/2023.
In an interview on 08/24/2023 at 12:59 PM, the Administrator stated he would expect abuse allegations to be reported within two hours. After reviewing the facility's investigation, the Administrator stated they decided to report the incident between Resident #4 and Resident #15 after Resident #15 made the second allegation on 03/19/2023. When asked why they decided to report after the second allegation, the Administrator stated because it was the second time and just to be on the safe side. The Administrator said Resident #15 was telling multiple people about the allegation, so they felt it was best to report it to the state at that point.
3. A review of Resident #19's admission Record revealed the facility admitted the resident on 04/06/2023 with diagnoses that included dependence on wheelchair, adjustment disorder with anxiety, major depressive disorder, anxiety disorder, contracture of muscle, and ankylosing spondylitis (a type of arthritis characterized by long-term inflammation of the joints of the spine) of unspecified sites in spine.
A review of an admission Minimum Data Set (MDS), with an Assessment Reference Date (ARD) of 04/12/2023, revealed Resident #19 had a Brief Interview for Mental Status (BIMS) score of 12, which indicated the resident had moderate cognitive impairment.
A review of Resident #19's comprehensive care plans revealed a Focus, initiated on 04/20/2023, that indicated the resident had a mood problem related to adjustment disorder with anxiety. The care plan Focus indicated Resident #19 had a history of inviting adult conversation and relationships then follows with accusatory statements when it does not go [the resident's] way.
A review of Resident #16's admission Record revealed the facility admitted the resident on 01/26/2023 with diagnoses that included Parkinson's disease, type 2 diabetes mellitus with diabetic neuropathy, hyperlipidemia, and hypertension.
A review of an admission MDS, with an ARD of 01/31/2023, revealed Resident #16 had a BIMS score of 11, indicating the resident had moderate cognitive impairment.
A review of Resident #16's comprehensive care plans revealed a Focus, initiated on 01/31/2023, that indicated the resident had impaired cognitive function/dementia or impaired thought processes r/t [related to] Disease Process of Parkinson's Disease.
A review of an Initial Report, dated 04/28/2023, revealed the facility submitted an initial report of alleged sexual abuse to the state survey agency. The Initial Report indicated Resident #19 alleged Resident #16 made unwanted physical contact on or around [Resident #19's] chest area in the dining room before dinner on 04/27/2023. The report indicated this incident was unwitnessed.
A review of an email correspondence, Subject: initial entity report, from the Administrator to the state survey agency revealed the initial report was not submitted until 04/28/2023 at 3:55 PM.
A review of Resident #19's Progress Notes, revealed no note on 04/27/2023 regarding the resident's allegation. However, a late entry Physician/Practitioner Note, dated 04/28/2023 at 7:56 PM and documented by Nurse Practitioner (NP) #4, indicated NP #4 evaluated Resident #19 on 04/28/2023 as there were reports that another resident had inappropriately touched [Resident #19].
In an interview on 08/22/2023 at 8:30 PM, Certified Nursing Assistant (CNA) #19 stated she recalled the incident with Resident #19. She indicated she did not see anything happen, but she had come in at the tail end of dinner and went into the dining room to help. When she arrived, CNA #20 told her that Resident #19 was ready to go back to their room. CNA #19 helped Resident #19 back to their room, and while heading down the hall, Resident #19 told CNA #19 they wanted to talk to her in private. CNA #19 said when they got to Resident #19's room, Resident #19 told her that Resident #16 had been rubbing Resident #19's arm and shoulders and had then touched them on the chest. Resident #19 reported they told Resident #16 to stop. CNA #19 indicated she then called for Licensed Practical Nurse (LPN) #22, who was coming on shift. According to CNA #19, Resident #19 then reported the same allegation to LPN #22. CNA #19 stated she would report any allegation of abuse immediately and would expect the administrative staff to do the same.
In an interview on 08/22/2023 at 10:22 PM, LPN #22 stated she had just arrived on shift probably right before 7:00 PM when Resident #19 reported the allegation. Resident #19 told her they were wearing a gown and Resident #16 came over and was tickling them. At first, they liked it, but then they changed their mind and asked Resident #16 to stop. Resident #19 mentioned that Resident #16 had touched their breast. LPN #22 indicated she notified the Director of Nursing (DON) and the Administrator of the allegation that evening by phone.
In an interview on 08/24/2023 at 12:33 PM, the DON stated a resident touching another resident would be considered abuse, and she would expect that to be reported immediately or as soon as possible. The DON indicated she would report to the Administrator, and depending on the severity, the Administrator would report to corporate, the police, the state health department, and Adult Protective Services (APS). The DON indicated allegations of sexual abuse should be reported within two hours. The DON confirmed Resident #19's allegation should have been reported on 04/27/2023 when the allegation was first made.