Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, resident and staff interviews, and record review, the facility failed to ensure that written abuse policy and procedures were followed and adhered to regulations regarding the alleged abuse of one resident (Resident #20). This deficient practice could result in allegations of abuse not being appropriately handled.Findings include:Resident #20 was admitted to the facility on [DATE], with diagnoses that included multiple fractures of the pelvis, one rib, sacrum, and vertebra, bacterial infections of unspecified site, chronic kidney disease, depression, and insomnia.An initial pool interview was conducted with Resident #20 on September 2, 2025, at 10:15 AM. During the interview, the resident stated that some of the staff are strange. The resident said that when he was first admitted to the facility, an aide was rough with him while providing care, and that she held [his] cheeks in her hands and kissed [his] forehead. Resident #20 said he didn't want to be touched or kissed in that manner and felt uncomfortable with the gesture. The resident stated that he informed the aide's boss about the incident and that the aide was then told not to be in the same room as the resident.Following the interview with Resident #20, on September 2, 2025, at 10:33 AM, an alleged abuse incident was reported to the facility Administrator (Staff #51). The Administrator stated she had not received a report of suspected abuse regarding Resident #20 before this report.On September 2, 2025, at 3:31 PM, the State Agency (SA) database of facility self-reports was reviewed online. No reports from the facility were observed.On September 3, 2025, at 11:57 AM, the SA database of facility self-reports was reviewed online. No reports from the facility were observed.An interview was conducted with the DON (Staff #76) on September 3, 2025, at 1:29 PM. The DON stated that when she receives an allegation of abuse, she first goes to see the resident who made the claim. Following a discussion with the resident, she reports the alleged abuse to the facility Administrator, the ombudsman, and the transitional nurse, Staff #122. The DON stated that she would also report the incident to Adult Protective Services (APS) if she noted bruising, a black eye, or fingerprints on the resident. She then indicated these types of abuse claims should also be reported to the State Agency (SA).The DON then said that she had received a verbal report of alleged abuse for Resident #20 from the facility Administrator on September 2, 2025. She interviewed Resident #20, who told the DON that he was fearful of explaining what had occurred, but that he did not like his current aide and wanted to talk to the DON later in the day. The DON explained that she went to speak to Resident #20 later in the day, but he was asleep. The DON stated that she had not completed an official investigation at that time, as she was waiting for instructions from the facility Administrator.An interview was conducted with the facility Administrator (Staff #51) on September 4, 2025, at 8:25 AM. The Administrator explained that when a resident makes an allegation of abuse regarding a staff member, she expects her staff to report the allegation to her and the DON immediately. She stated she would then put the alleged perpetrator on leave, complete an investigation, and then report to the SA, APS, the ombudsman, and the police if needed. The Administrator stated she always files a report if it involves alleged abuse, whether it was witnessed or reported.The Administrator stated she had not reported the alleged abuse incident regarding Resident #20, which she was made aware of on September 2, 2025, at 10:33 AM. She indicated that the reason she did not report the alleged abuse to the SA was that the incident occurred in July 2025 and that they were not informed of it at that time. She also indicated that following the DON interview of the resident on September 2, 2025, the Administrator struggled to say it was abuse. The Administrator continued to explain that Resident #20 had issues with female aides of color and that it appeared he didn't like that particular aide. After further discussion of the incident with Resident #20, the Administrator then decided to report the incident to the SA on September 4, 2025.On September 4, 2025, at 10:19 AM, the DON stated that she discussed the incident with Resident #20 and that he indicated the aide involved was Certified Nurse Assistant (CNA/Staff #79). The DON called the CNA, who acknowledged that an incident had been reported by Resident #20 and stated that the Registered Nurse (RN/Staff #49) working that shift was made aware of the situation.An interview was conducted with RN (Staff #49) on September 4, 2025, at 10:53 AM. The RN stated that Resident #20 had reported to him that the CNA (Staff #79) was inappropriate with him, referring to the CNA kissing him on his forehead. The RN instructed the CNA not to enter the resident's room. The RN stated he did not report the alleged incident to anybody at that time because the CNA had denied that the incident occurred. The RN reported he had received training from the facility regarding reporting alleged abuse and that he had a lack of judgment by not reporting the incident.On September 4, 2025, at 10:58 AM, an interview was conducted with a CNA (Staff #84) regarding facility abuse policy and procedures. The CNA stated she did not know if she had received training regarding abuse and neglect. She left to ask her supervisor a question. She returned to the interview and stated she had received abuse and neglect training. The CNA stated that if an incident of alleged abuse were reported to her by a resident, she would report it to her supervisor. The CNA was unable to give the name of the facility's abuse coordinator.An interview was conducted with the facility Administrator (Staff #51) on September 4, 2025, at 1:16 PM. The Administrator acknowledged that RN (Staff #49) did not report the incident he was made aware of with Resident #20 in July 2025. The administrator did not state what the risk of the nurse not reporting was, but reiterated that this particular case did not seem to fall into the abuse category. The Administrator then acknowledged the finding of deficient practice and stated she would report all alleged abuse in the future, as well as perform in-service training to the facility staff.An interview was conducted with the RN (Staff #49) on September 5, 2025, at 10:24 AM. The RN stated that the resident had made an allegation of abuse in July 2025, but the RN did not report it at that time.A policy titled Abuse Policy and Procedure, Version E1107 was reviewed. The policy revealed that all patients have the right to be free from any form of verbal, sexual, physical. abuse. The policy stated that all personnel are required to immediately report incidents of suspected mistreatment or abuse to the facility administration. The policy further stated that an incident of patient abuse must be reported to a supervisor regardless of the time lapse since the incident occurred. The policy also instructed that should the investigation reveal 'reasonable cause to believe' that abuse. had occurred, the administrator and/or director of nursing would then report findings immediately to the required SA.Appendix PP of the State Operations Manual (SOM), issued August 8, 2024, was reviewed. Code 42 CFR 483.12(b)(5) instructs that all alleged violations involving abuse are to be reported immediately, but not later than 2 hours after the allegation is made.