Finding Description
Based on interviews, record review, facility policy titled Administrative Abuse, and review of the facility's investigation file, the facility failed to implement two (protection and investigation) of seven components of their abuse policy when Resident #155 was verbally abused by Certified Nurse Assistant (CNA) #1 on 01/13/2023. Specifically, the facility failed to interview CNA #20 and Licensed Practical Nurse (LPN) #3, who had knowledge of the incident. Further, the facility failed to ensure CNA #2, who witnessed the verbal abuse did not leave Resident #155 alone, unattended with the alleged perpetrator, CNA #1, while she reported the allegation of abuse to the nurse.
Findings included:
A review of the facility's policy titled, Administrative Abuse, revised October 2017, revealed Policy . The facility has developed and implemented policies and procedures that prohibit abuse, ( .verbal, mental .) . These policies and procedures include the following seven components: . 5) Investigation 6) Protection .INVESTIGATION OF ALLEGED ABUSE, NEGLECT AND EXPLOITATION .Policy .The facility shall thoroughly investigate . all suspected or reported abuse . 8. Interview all employees who work near the resident during the times, which the incident occurred. 9. All interviews with . employees . are to be documented . RESIDENT PROTECTION DURING INVESTIGATION . Policy . The facility shall protect the resident(s) from further abuse, neglect . or mistreatment immediately when the suspicion is formed, or when the allegation is made, or when the event is witnessed and while the investigation is in process .
A review of Resident #155's Facesheet revealed the facility admitted Resident #155 on 09/14/2020 with diagnoses that included dementia, chronic pain, generalized anxiety disorder, and mood disorder.
A review of the quarterly Minimum Data Set (MDS), with an Assessment Reference Date (ARD) of 12/14/2022, revealed Resident #155 had a BIMS (Brief Interview for Mental Status) score of zero of fifteen which indicated Resident #155 was rarely or never understood. The Staff Assessment for Mental Status (SAMS) for Resident #155 indicated the resident had a short- and long-term memory problems and moderately impaired cognitive skills for daily decision making. The MDS indicated Resident #155 was totally dependent on staff for bathing.
A review of Resident #155's Care Plan(s), dated 04/12/2022, revealed Resident #155 had difficulty making decisions due to their diagnosis of dementia. The Care Plan directed staff to validate the resident's thoughts and feelings when confused or anxious and approach the resident from the front in a calm, unhurried manner.
On 01/14/2023 at 1:00 AM the facility submitted an initial report via the Alabama Department of Public Health Online Incident Reporting System, which indicated notification of the state agency of a verbal abuse allegation. The report indicated CNA #2, who assisted CNA #1 with the provision of a shower for the resident, witnessed CNA #1 curse at the resident.
According to CNA #2's handwritten statement dated 01/13/2023, she indicated she assisted CNA #1 in the provision of a shower for Resident #155. Per CNA #2, when the resident yelled out that he/she was cold, his/her arm and back hurt, CNA #1 told the resident to shut the [expletive F word] up. Per the CNA #2, every time the resident said something, CNA #1 would say to the resident that he did not give a [expletive F word], that he could care less and [expletive F word] you.
In a telephone interview on 06/06/2023 at 5:10 PM, CNA #2 stated she should not have left Resident #155 alone with CNA #1 when she left to go and report the allegation of verbal abuse to the nurse (LPN #3).
In an interview on 06/19/2023 at 9:08 AM, LPN #3 stated CNA #2 should have stayed with the resident and activated the call light in the shower room to get assistance to report the abuse. Per LPN #3, CNA #2 should not have left the resident unattended with CNA #1.
In an interview on 06/19/2023 at 2:22 PM CNA #20 reported that she was on the hall when CNA #2 left the shower room and went to report the incident to LPN #3. CNA #20 said that CNA #2 told her that CNA #1 was cursing at resident. CNA #20 said she went to the shower room door and did not hear any cursing.
During a follow-up interview on 06/21/2023 at 12:14 PM, CNA #20 stated that CNA #2 did not ask her to stay with the Resident #155, but did ask that she listen at the door. CNA #20 said the total time Resident #155 was in the shower room with CNA #1 after CNA #2 left the shower room was two minutes and she did not hear any further abuse.
In an interview on 06/19/2023 at 10:30 AM, the Director of Nursing (DON) stated her expectation was that CNA #2 should have asked CNA #1 to leave the shower room and CNA #2 should have activated the call light to get assistance. The DON stated the first thing in their abuse policy was to protect the resident, then to report the abuse.
In an interview on 06/19/2023 at 11:32 AM, the Social Services Director stated CNA #2 should not have left Resident #155 alone with CNA #1.
In an interview on 06/19/2023 at 1:02 PM, the Administrator indicated CNA #2 should have stuck her head out of the shower room and hollered for help or activated the call light. The Administrator said to leave Resident #155 alone with CNA #1 could have resulted in further abuse.
A review of the facility's investigation file revealed there was not a documented interview done with CNA #20 or LPN #3.
In a follow-up interview on 06/21/2023 at 10:49 AM, the Administrator confirmed CNA #20 and LPN #3 were not interviewed during the investigation of the allegation of verbal abuse that involved Resident #155 and CNA #1.
Findings included:
A review of the facility's policy titled, Administrative Abuse, revised October 2017, revealed Policy . The facility has developed and implemented policies and procedures that prohibit abuse, ( .verbal, mental .) . These policies and procedures include the following seven components: . 5) Investigation 6) Protection .INVESTIGATION OF ALLEGED ABUSE, NEGLECT AND EXPLOITATION .Policy .The facility shall thoroughly investigate . all suspected or reported abuse . 8. Interview all employees who work near the resident during the times, which the incident occurred. 9. All interviews with . employees . are to be documented . RESIDENT PROTECTION DURING INVESTIGATION . Policy . The facility shall protect the resident(s) from further abuse, neglect . or mistreatment immediately when the suspicion is formed, or when the allegation is made, or when the event is witnessed and while the investigation is in process .
A review of Resident #155's Facesheet revealed the facility admitted Resident #155 on 09/14/2020 with diagnoses that included dementia, chronic pain, generalized anxiety disorder, and mood disorder.
A review of the quarterly Minimum Data Set (MDS), with an Assessment Reference Date (ARD) of 12/14/2022, revealed Resident #155 had a BIMS (Brief Interview for Mental Status) score of zero of fifteen which indicated Resident #155 was rarely or never understood. The Staff Assessment for Mental Status (SAMS) for Resident #155 indicated the resident had a short- and long-term memory problems and moderately impaired cognitive skills for daily decision making. The MDS indicated Resident #155 was totally dependent on staff for bathing.
A review of Resident #155's Care Plan(s), dated 04/12/2022, revealed Resident #155 had difficulty making decisions due to their diagnosis of dementia. The Care Plan directed staff to validate the resident's thoughts and feelings when confused or anxious and approach the resident from the front in a calm, unhurried manner.
On 01/14/2023 at 1:00 AM the facility submitted an initial report via the Alabama Department of Public Health Online Incident Reporting System, which indicated notification of the state agency of a verbal abuse allegation. The report indicated CNA #2, who assisted CNA #1 with the provision of a shower for the resident, witnessed CNA #1 curse at the resident.
According to CNA #2's handwritten statement dated 01/13/2023, she indicated she assisted CNA #1 in the provision of a shower for Resident #155. Per CNA #2, when the resident yelled out that he/she was cold, his/her arm and back hurt, CNA #1 told the resident to shut the [expletive F word] up. Per the CNA #2, every time the resident said something, CNA #1 would say to the resident that he did not give a [expletive F word], that he could care less and [expletive F word] you.
In a telephone interview on 06/06/2023 at 5:10 PM, CNA #2 stated she should not have left Resident #155 alone with CNA #1 when she left to go and report the allegation of verbal abuse to the nurse (LPN #3).
In an interview on 06/19/2023 at 9:08 AM, LPN #3 stated CNA #2 should have stayed with the resident and activated the call light in the shower room to get assistance to report the abuse. Per LPN #3, CNA #2 should not have left the resident unattended with CNA #1.
In an interview on 06/19/2023 at 2:22 PM CNA #20 reported that she was on the hall when CNA #2 left the shower room and went to report the incident to LPN #3. CNA #20 said that CNA #2 told her that CNA #1 was cursing at resident. CNA #20 said she went to the shower room door and did not hear any cursing.
During a follow-up interview on 06/21/2023 at 12:14 PM, CNA #20 stated that CNA #2 did not ask her to stay with the Resident #155, but did ask that she listen at the door. CNA #20 said the total time Resident #155 was in the shower room with CNA #1 after CNA #2 left the shower room was two minutes and she did not hear any further abuse.
In an interview on 06/19/2023 at 10:30 AM, the Director of Nursing (DON) stated her expectation was that CNA #2 should have asked CNA #1 to leave the shower room and CNA #2 should have activated the call light to get assistance. The DON stated the first thing in their abuse policy was to protect the resident, then to report the abuse.
In an interview on 06/19/2023 at 11:32 AM, the Social Services Director stated CNA #2 should not have left Resident #155 alone with CNA #1.
In an interview on 06/19/2023 at 1:02 PM, the Administrator indicated CNA #2 should have stuck her head out of the shower room and hollered for help or activated the call light. The Administrator said to leave Resident #155 alone with CNA #1 could have resulted in further abuse.
A review of the facility's investigation file revealed there was not a documented interview done with CNA #20 or LPN #3.
In a follow-up interview on 06/21/2023 at 10:49 AM, the Administrator confirmed CNA #20 and LPN #3 were not interviewed during the investigation of the allegation of verbal abuse that involved Resident #155 and CNA #1.