Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on clinical record review, resident and staff interviews, facility documentation and policy review and the State Agency complaint tracking system, the facility failed to correctly develop and implement their abuse policy following an allegation of sexual abuse for one resident (#11). The deficient practice could result in abuse and neglect to residents.Findings include: Resident #11 was admitted on [DATE] with diagnoses that included traumatic subdural hemorrhage, acute kidney failure, atherosclerotic heart disease, hyperlipidemia, paroxysmal atrial fibrillation, hypothyroidism, iron deficiency anemia, atrial septal defect, hormone replacement therapy, combined rheumatic disorders of mitral, aortic, and tricuspid valves. A Medicare 5-Day Minimum Data Set (MDS) dated [DATE] revealed a Brief Interview for Mental Status (BIMS) score of 11, which indicated moderate cognitive impairment. The MDS also revealed the resident had not exhibited any behaviors. A late-entry progress note dated September 2, 2025 at 6 p.m. was written on September 5, 2025 at 8:04 a.m. and revealed that the Director of Nursing (DON/Staff#45) spoke with the resident and daughter at bedside concerning care plan and care concerns. The note further revealed that the resident could not answer orientation questions and appeared confused, but the DON would continue to monitor the resident for safety. A grievance filed on September 2, 2025 revealed a grievance regarding a care issue - male Certified Nursing Assistant (CNA) for Resident #11. The grievance further revealed that the issue took place on September 1, 2025 and parties were informed of findings on September 3, 2025 with a resolution to not have male CNA's for personal care. The grievance log also revealed two additional separate care concerns regarding CNA - Female Preference in July of 2025. A care plan focus initiated on September 3, 2025 revealed that the resident had personally experienced and been traumatized by sexual assault with interventions to only have female care givers for all personal cares and to consult trauma informed care portion of the admission observation to identify trauma and stress related issues for the resident. There was no evidence in the clinical record of an allegation of sexual abuse. Review of the State Agency complaint tracking system revealed that the facility submitted a self-report for Resident #11's allegation of staff-to-resident sexual abuse on September 4, 2025 at 12:29 p.m The self-report revealed an allegation of sexual abuse with no evidence that law enforcement or Adult Protective Services (APS) had been contacted or reported to. A call was made by the State Agency (SA) to non-emergency law enforcement on September 17, 2025 at 10:09 a.m. to report the allegation of sexual abuse. Law enforcement notified the SA that they would be contacting APS regarding the sexual abuse allegation. An interview was conducted on September 17, 2025 at 11:12 a.m. with a CNA, Staff#21, who stated that the timeframe for reporting an allegation of abuse was 24 hours, but ideally, as soon as possible. The CNA stated that it was important to report sexual abuse right away to the administrator or DON to get the information going to figure out what happened to the resident and to keep residents safe. An interview was conducted on September 17, 2025 at 11:21 a.m. with a Registered Nurse (RN/Staff#56), who stated that the timeframe for reporting was immediately as the allegation was brought to her, but within one to two hours to the DON or administrator. The RN defined sexual abuse as unwanted physical contact or emotional perturbation, and any sexual abuse allegation would absolutely need to be reported. The RN stated that it was important to report allegations of sexual abuse to manage resident safety and ensure residents are not in harmful situations. An interview was conducted on September 17, 2025 at 11:32 a.m. with an RN, Staff #60, who stated that the timeframe for reporting abuse was immediately or within an hour if there was bodily harm, but within 24 hours if there was no bodily harm. The RN stated that she reported an allegation of sexual abuse a couple weeks ago, and that the allegation was reported to her by the daughter of Resident #11 who told her that a staff member had inappropriately touched her mother. The RN stated that she reported the allegation immediately to the DON and Administrator, and they took the investigation from there. The RN stated that it would be important to report an allegation of abuse to protect the resident, investigate, find who was behind the abuse, call the police, and do right by the patient. The RN further stated that the risk of not reporting allegations of abuse would be continued abuse to that resident and other residents. An interview was conducted on September 17, 2025 at approximately 11:45 a.m. with the DON, Staff #45, who stated that the timeframe for reporting physical abuse with injury was two hours, and any other type of abuse was 24 hours. The DON stated that her expectation of staff was to report abuse immediately to their supervisor and, ultimately, to the Administrator (Admin/Staff #78). The DON stated that it would be important for staff to report within the timeframe to ensure resident safety and begin the investigation. The DON stated that sexual abuse was anything physical or verbal having to do with sex or anything derogatory toward someones sexual preferences, and that they would need to report an allegation of sexual abuse. The DON stated that the risk of not completely and accurately reporting an allegation of sexual abuse would be repeated and continued abuse if it was a substantiated allegation. The DON stated that she recalled the allegation that Resident #11 made, and that they reported the incident to the Arizona Department of Health Services (AZDHS) because it was an allegation of sexual abuse, and there are systems in place for a reason. The DON stated that no other outside entities or agencies were notified of the allegation. An interview was conducted on September 17, 2025 at 12:03 p.m. with the Administrator, Staff #78, who stated that the timeframe for reporting was twenty-four hours, but that abuse was two hours if there was an injury. The administrator stated that her expectation of staff was that they would report an allegation of abuse to their supervisor as soon as they know about it, and it is important for staff to report it because it is not for staff to decide if something was substantiated. The administrator stated that she would define sexual abuse as any time a person felt personally violated, which was not specfic to a man or a woman, but if they are uncomfortable or uneasy with any care provided. The administrator further stated that she would need to report an allegation of sexual abuse to AZDHS, the Police, the Ombudsman, Family, and Regional staff, and that it was important to do so because it is a crime, and her duty was to maintain compliance with state, federal, and local laws. The administrator also stated that the risk of not completely and accurately reporting an allegation of sexual abuse would be that someone ese could get hurt if they failed to protect the resident or other residents, violation of the law, and penalties or fines. The administrator stated that she recalled an incident with Resident #11 regarding an allegation of sexual abuse, and that the allegation was vague and she could only identify that the person involved was a male. The administrator also stated that she reported the allegation to AZDHS because it was an allegation of sexual abuse, and that they reported it to the ombudsman and the facility's corporate body, however they did not report to any other entity or agency. The administrator stated that she did not report to law enforcement because she felt that, as time went on, the daughter was recanting her allegations and was not wanting to report, and they ultimately decided not to. The administrator further stated that she did not contact Adult Protective Services (APS) because she conferred with the ombudsman who told her not to because it appeared everything was in order. The administrator stated that she did not know if the allegation was substantiated or unsubstantiated, and that the resident was making accusations with all people and all sexes, and the allegation appeared to be vague and widespread, as if it did not occur. The administrator also stated that reporting to APS and the police was optional. Review of a policy titled, Abuse Policy and Procedure, was updated on November 8, 2024 and revealed that sexual abuse was defined as, but not limited to, sexual harassment, sexual coercion, or sexual assault. The policy also revealed that all alleged or suspected violations involving abuse would be promptly reported to the Administrator and/or Director of Nursing. The policy revealed that the Administrator or Director of Nursing would then ensure the safety of the patient, begin the investigation, and if necessary, report information to the police, Department ofHealth and Welfare, family, MD, and/or any other appropriate agency. The policy further revealed that the facility would report to law enforcement immediately when there was reasonable cause to believe that abuse or sexual assault resulted in death or serious physical injury jeopardizing the life, health, or safety of the patient. The policy also revealed that any investigation and follow through would abide by facility policies and State and Federal laws and regulations. The policy revealed that the covered individual (the term covered individual means each individual who is an owner, operator, employee, manager, agent, or contractor of a long-term care facility) would report to the State Agency and one or more law enforcement entities for the political subdivision in which the facility is located any reasonable suspicion of a crime against any individual who is a resident/patient of, or is receiving care from the facility. Review of the State Operations Manual (SOM), S483.12(c)(1), the facility must ensure that all alleged violations involving abuse are reported immediately, but not later than 2 hours after the allegation is made, if the events that cause the allegation involve abuse or result in serious bodily injury, or not later than 24 hours if the events that cause the allegations do not involve abuse and do not result in serious bodily injury, to the administrator of the facility and to other officials (including to the State Survey Agency and adult protective services where state law provides for jurisdiction in long-term care facilities) in accordance with State law through established procedures. Sexual abuse, is defined at S483.5 as non-consensual sexual contact of any type with a resident. Review of the Arizona Revised Statute (A.R.S.) 46-454 (A-D) revealed that a health professional, long-term care provider, or other person who has responsibility for the care of a vulnerable adult and who has a reasonable basis to believe that abuse, neglect or exploitation of the vulnerable adult has occurred shall immediately report or cause reports to be made of such reasonable basis to a peace officer or to the adult protective services central intake unit.