Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on staff interviews and record review, the facility failed to protect four of four male residents (R) (R127, R12, R105, and R106) right to be free from sexual abuse by R147. Specifically, the facility failed to protect R127, R12, R105, and R106 from R147s' known inappropriate hypersexual behaviors.
Findings include:
Review of R147's electronic medical record (EMR), Face Sheet tab, revealed she was admitted on [DATE] with diagnosis that included Encephalopathy, Restlessness and agitation, Disorientation, Delayed milestone in childhood, Unspecified disorder of psychological development, and anxiety disorder.
Review of R147's EMR, Social Services tab, revealed a Resident Social Assessment, dated 03/24/25, documented R147's Family Member (FM)1 reported R147 had a known history of sexually inappropriate behaviors towards men.
Review of R147's EMR, Minimum Data Set (MDS) tab, admission MDS with an Assessment Reference Date (ARD) of 03/24/25, indicated R147 had a Brief Interview for Mental Status (BIMS) score of 10 of 15 indicating moderately impaired cognition.
Review of 147's EMR, Care Plan tab, revealed an initial care plan meeting dated 03/24/25, where during the initial care plan conference for R147 FM1 informed the staff that R147 had a history of inappropriate sexual impulses, did not want R147 to be allowed to enter the rooms of male residents, and requested male staff did not provide her care. No care plan was developed to alert staff to her hypersexual behaviors.
Review of the EMR, Nursing Progress Notes tab, revealed Registered Nurse (RN)1 documented on 03/31/25 that a staff member (name unknown) observed R147 in the room of R127, lying on top of R127 in his bed, kissing him, and touching his face. R147 was removed from R127's room and placed on 15-minute monitoring checks for 24 hours following the incident. The incident was reported and investigated within the time frames to the State Agency.
Review of the EMR, MDS tab revealed MDS an ARD of 04/02/25, that indicated R127 had a BIMS score of four of 15 indicating severe cognitive impairment.
Review of the EMR, Scanned Documents tab revealed a Psychiatric Diagnostic Evaluation completed by Medical Doctor (MD)1 on 04/21/25 documented R147 had a baseline impulsive behavior closely monitored by FM1 over many years as reported to the facility upon admission as being flirtatious and impulsive. The evaluation documented that Early on in the nursing home, she was found to be having sexual relationships with men, and poor boundaries. MD1 recommended a personal care home with extensive redirection and training while in the nursing facility. MD1 initiated the administration of Depakote for sexually inappropriate behavior.
Review of the EMR, Nursing Progress Notes tab, progress notes, on 05/28/25 a staff member (name unknown) on the third floor of the facility reported to Licensed Practical Nurse (LPN)1 that R147 was observed slapping R12 on the thigh/groin area of the leg. At the time of the incident, R12 had a BIMS of four indicating severe cognitive impairment. The incident was investigated and reported to the State Agency within two hours. R147 was immediately transferred to the fourth floor in the facility and 15-minute monitoring was initiated for R147.
Review of the EMR, Nursing Progress Notes tab, progress notes dated 05/28/25, RN2 documented that within 30 minutes of R147's placement on the fourth floor, she was observed in the room of R106 and sitting in his lap stroking his face. R106 had a BIMS of three of 15, indicating moderate cognitive impairment. R147 was redirected out of R106's room and was then observed in the room of R105, stroking and rubbing his face. R105 had a BIMS of seven of 15 indicating moderate cognitive impairment. Documentation indicated R147 was redirected out of the resident's room.
Review of the EMR, Scanned Documents tab, revealed a Psychiatric consult conducted on 05/30/25, documented that due to her [R147] known hypersexual behavior (which can escalate her physical aggressiveness, the MD1 supported the intervention of maintaining physical separation of R147 from the male residents.
During an interview on 06/17/25 at 3:30 PM, the Administrator stated the two incidents that occurred on the fourth floor on 05/28/25 were not investigated or reported to the state agency because the incidents indicated no harm, that the behavior was consensual, and that R106 and R105 were not bothered by the behavior of R147. The Administrator was asked how the men were assessed to determine that the behavior was consensual and caused no harm. The Administrator replied she had no rationale other than she was told by a staff member that it was consensual.
During an interview on 06/18/25 at 9:20 AM, Certified Nursing Assistant (CNA)1, stated she had not been informed of the sexual behaviors of R147 and had not been provided education on any interventions to prevent the behaviors or to provide increased supervision for R147. CNA1 said she would consider R147's behaviors to be sexual abuse and would immediately report the incident to the Administrator/Abuse Coordinator. She stated that she provided care for R105 and that he was soft spoken and would be bothered if/when R147 stroked or rubbed his face but that he would not report his concern to anyone.
During an interview with CNA2 on 06/18/25 at 9:30 AM, she stated she had not been informed of the sexual behaviors and had not been provided education on any interventions to prevent or to provide increased supervision for R147. She said she would consider R147's behaviors to be sexual abuse and would immediately report the incident to the Administrator/Abuse Coordinator She stated that she provided care for R105 and that he would be bothered if/when R147 stroked or rubbed him but was very soft spoken and would not report his concern to anyone.
During an interview on 06/18/25 at 9:45 AM, the Social Services Director (SSD)1 stated she had not been informed about the hypersexual behaviors or the inappropriate behaviors of R147 that occurred on 05/28/25 on the fourth floor.
During an interview by phone on 06/18/25 at 2:30 PM with RN2, revealed she did not recognize the 05/28/25 fourth floor incident as abuse. She stated it did not seem to her at the time that sitting in a residents' lap or stroking another resident's face was sexual abuse in nature and did not think of interviewing the residents to determine if it was consensual or if any harm had occurred. She said she did not witness the incident, and she could not remember the staff member that reported the observations to her. RN2 said she documented the incident in the progress notes in case something came up about it later. She said she had not been informed that R147 had a history of inappropriate sexual behaviors.
Findings include:
Review of R147's electronic medical record (EMR), Face Sheet tab, revealed she was admitted on [DATE] with diagnosis that included Encephalopathy, Restlessness and agitation, Disorientation, Delayed milestone in childhood, Unspecified disorder of psychological development, and anxiety disorder.
Review of R147's EMR, Social Services tab, revealed a Resident Social Assessment, dated 03/24/25, documented R147's Family Member (FM)1 reported R147 had a known history of sexually inappropriate behaviors towards men.
Review of R147's EMR, Minimum Data Set (MDS) tab, admission MDS with an Assessment Reference Date (ARD) of 03/24/25, indicated R147 had a Brief Interview for Mental Status (BIMS) score of 10 of 15 indicating moderately impaired cognition.
Review of 147's EMR, Care Plan tab, revealed an initial care plan meeting dated 03/24/25, where during the initial care plan conference for R147 FM1 informed the staff that R147 had a history of inappropriate sexual impulses, did not want R147 to be allowed to enter the rooms of male residents, and requested male staff did not provide her care. No care plan was developed to alert staff to her hypersexual behaviors.
Review of the EMR, Nursing Progress Notes tab, revealed Registered Nurse (RN)1 documented on 03/31/25 that a staff member (name unknown) observed R147 in the room of R127, lying on top of R127 in his bed, kissing him, and touching his face. R147 was removed from R127's room and placed on 15-minute monitoring checks for 24 hours following the incident. The incident was reported and investigated within the time frames to the State Agency.
Review of the EMR, MDS tab revealed MDS an ARD of 04/02/25, that indicated R127 had a BIMS score of four of 15 indicating severe cognitive impairment.
Review of the EMR, Scanned Documents tab revealed a Psychiatric Diagnostic Evaluation completed by Medical Doctor (MD)1 on 04/21/25 documented R147 had a baseline impulsive behavior closely monitored by FM1 over many years as reported to the facility upon admission as being flirtatious and impulsive. The evaluation documented that Early on in the nursing home, she was found to be having sexual relationships with men, and poor boundaries. MD1 recommended a personal care home with extensive redirection and training while in the nursing facility. MD1 initiated the administration of Depakote for sexually inappropriate behavior.
Review of the EMR, Nursing Progress Notes tab, progress notes, on 05/28/25 a staff member (name unknown) on the third floor of the facility reported to Licensed Practical Nurse (LPN)1 that R147 was observed slapping R12 on the thigh/groin area of the leg. At the time of the incident, R12 had a BIMS of four indicating severe cognitive impairment. The incident was investigated and reported to the State Agency within two hours. R147 was immediately transferred to the fourth floor in the facility and 15-minute monitoring was initiated for R147.
Review of the EMR, Nursing Progress Notes tab, progress notes dated 05/28/25, RN2 documented that within 30 minutes of R147's placement on the fourth floor, she was observed in the room of R106 and sitting in his lap stroking his face. R106 had a BIMS of three of 15, indicating moderate cognitive impairment. R147 was redirected out of R106's room and was then observed in the room of R105, stroking and rubbing his face. R105 had a BIMS of seven of 15 indicating moderate cognitive impairment. Documentation indicated R147 was redirected out of the resident's room.
Review of the EMR, Scanned Documents tab, revealed a Psychiatric consult conducted on 05/30/25, documented that due to her [R147] known hypersexual behavior (which can escalate her physical aggressiveness, the MD1 supported the intervention of maintaining physical separation of R147 from the male residents.
During an interview on 06/17/25 at 3:30 PM, the Administrator stated the two incidents that occurred on the fourth floor on 05/28/25 were not investigated or reported to the state agency because the incidents indicated no harm, that the behavior was consensual, and that R106 and R105 were not bothered by the behavior of R147. The Administrator was asked how the men were assessed to determine that the behavior was consensual and caused no harm. The Administrator replied she had no rationale other than she was told by a staff member that it was consensual.
During an interview on 06/18/25 at 9:20 AM, Certified Nursing Assistant (CNA)1, stated she had not been informed of the sexual behaviors of R147 and had not been provided education on any interventions to prevent the behaviors or to provide increased supervision for R147. CNA1 said she would consider R147's behaviors to be sexual abuse and would immediately report the incident to the Administrator/Abuse Coordinator. She stated that she provided care for R105 and that he was soft spoken and would be bothered if/when R147 stroked or rubbed his face but that he would not report his concern to anyone.
During an interview with CNA2 on 06/18/25 at 9:30 AM, she stated she had not been informed of the sexual behaviors and had not been provided education on any interventions to prevent or to provide increased supervision for R147. She said she would consider R147's behaviors to be sexual abuse and would immediately report the incident to the Administrator/Abuse Coordinator She stated that she provided care for R105 and that he would be bothered if/when R147 stroked or rubbed him but was very soft spoken and would not report his concern to anyone.
During an interview on 06/18/25 at 9:45 AM, the Social Services Director (SSD)1 stated she had not been informed about the hypersexual behaviors or the inappropriate behaviors of R147 that occurred on 05/28/25 on the fourth floor.
During an interview by phone on 06/18/25 at 2:30 PM with RN2, revealed she did not recognize the 05/28/25 fourth floor incident as abuse. She stated it did not seem to her at the time that sitting in a residents' lap or stroking another resident's face was sexual abuse in nature and did not think of interviewing the residents to determine if it was consensual or if any harm had occurred. She said she did not witness the incident, and she could not remember the staff member that reported the observations to her. RN2 said she documented the incident in the progress notes in case something came up about it later. She said she had not been informed that R147 had a history of inappropriate sexual behaviors.