Finding Description
I. Based on observation, interview and record review the facility failed to ensure female residents were protected from sexual abuse by male residents. This resulted in R4 placing his penis on R11's knee and telling her to touch it on 5/26/24, and R18 touching R21's breast on 7/5/24, R17's breast on 7/5/24 and R1's breast on 7/7/24. This applies to 6 of 14 residents (R1, R4, R11, R17, R18, R21) reviewed for sexual abuse in the sample of 22.
The Immediate Jeopardy began on 5/26/24 when R4 placed his penis on R11's leg and told her to touch it. V1 (Assistant Administrator), V2 (Director of Nursing) and V20 (Corporate Nurse) were notified of the Immediate Jeopardy on 7/10/24 at 11:35 AM. The surveyor confirmed by observation, interview and record review that the Immediate Jeopardy was removed on 7/10/24, but noncompliance remains at Level Two because additional time is needed to evaluate the implementation and effectiveness of the in-service training.
The findings include:
1. On 7/3/24 at 9:55 AM V3 (Registered Nurse/RN) stated, I heard that he (R4) was being inappropriate with a female resident, and he was moved from the 300 wing to the 100 wing. That was a few months ago. I am not sure of any of the details, it happened on PM shift.
On 7/5/24 at 11:30 AM, V8 (Registered Nurse/RN) stated, I was doing my 8:00 PM med pass and (R11) was shaking and crying and very upset. I went in and asked her what was wrong, and she told me her and (R4) had eaten dinner together in the dining room. (R4) followed her back to her room and came in her room and pulled his penis out and put it on her leg and told her to touch it. She excused herself and went into the bathroom and through to the other room and told (R14) that she 'needed the CNA (Certified Nursing Assistant) now' and (R14) got the CNA to remove (R4) from the room. I don't know who the CNA was, and I don't think (R11) ever told the CNA what had happened. I notified (R2 - Director of Nursing/DON) but I didn't notify (V1- Assistant Administrator) because he doesn't answer his phone after dark. I charted all of it and it should be there. The social worker who is no longer there moved (R4) to the other wing the next day. I was told he had been verbally sexually inappropriate with CNAs prior to that - especially the young pretty ones. When I went and talked to (R4) he said, 'It is not like we had sex or anything, tell her to get over it.
On 7/8/24 at 9:00 AM R14 stated, A man came into (R11's) room and she was scared. She never said what he did but she was really scared.
On 7/8/24 at 12:50 PM, V1 (Assistant Administrator) stated, I heard that (R4) went into the wrong room by accident. We look for things that might explain the behaviors, talk to the MD, Psych, check them for a UTI. I did not do an investigation on (R4) and (R11).
On 7/8/24 at 1:30 PM, V2 (Director of Nursing/DON) stated, (R4) had gone into (R11's) room and put his hand on her knee. She left the room and went through the bathroom and had a CNA get him out of her room. Then he was moved to a different unit. I did not do any investigation of the incident- I don't know if (V1) did.
On 7/9/24 at 11:30 AM V24 (Occupational Therapy Assistant-Director of Therapy) stated, R11 is alert and oriented with some cognitive deficits. I would generally believe what she had to say. Her decision making and her future expectations may be a little off, but I have not known her to fabricate stories. While (R4) was with therapy he opened up his brief and asked one of the therapists to play with it. (R4) was also touching himself during this session. He also made some other inappropriate comments to the speech therapist, and she wasn't sure if it was from his dementia or what it was.
On 7/9/24 at 2:30 PM R11 was sitting in her room and agreed to talk to Surveyor and V20 (Corporate Nurse) together. R11 was well groomed with her O2 nasal cannula hanging on the arm of her chair. R11 stated that she had some memory loss while she was in the hospital (7/2/24- 7/8/24). R11 was asked if she had every been touched, felt unsafe, had any wandering residents in her room or was scared of any residents here at the facility. R11 stated no. R11 was asked by V20 if she thought she would remember if she had been touched by a male resident and R11 stated yes, she thought she would remember that.
R11's Progress Notes dated 5/26/24 state, During 2000 (8:00 PM) med pass this writer was told by resident (R11) that a male peer (R4) entered her room after dinner, she states he touched her right knee and placed his hands inside his pants. (R11) got up from chair and went into the bathroom to her neighbor (R14) who called for a CNA to remove him from the room, however she did not share what happened with CNA, (R11) verbalized that she is shook up but she is ok, (V2) and (V1) notified.
R4's Progress Notes dated 5/26/24 state, Writer asked resident if he was in a female room, and he responded, Well it's not like we had sex, tell her to calm down. Writer instructed resident that all social visits must take place in the dining room, he verbalized agreement, (V2) and (V1) notified.
R4's care plan initiated on 5/1/24 states, Resident has been displaying inappropriate sexual behavior: Resident noted touching his private area while not in a private area.
2. The facility reported incident dated 7/6/24 states, Staff member (V19- Social Worker) received a call from the (V22 - Ombudsman) at approximately 2:30 PM, informing the facility that (R17), with a BIMS (Basic Interview for Mental Status) of 11 and diagnosis for schizoaffective disorder, unspecified dementia with behavioral disturbances and anxiety, called him stating that she (R17) was sexually assaulted by (R18). (R18) has a diagnosis of unspecified Dementia without behavior disturbances. (R17) stated that (R18) was making faces at her and touched her left breast on top of her clothes while sitting in the dining room. She (R17) told (V22) that this happened yesterday (7/5/24). The facility was informed today (7/6/24). Doctor and families of both residents were notified. (R18) was placed on 15 min(ute) checks while awake. R18 was offered to go to the hospital for a rape kit. The (City) police were notified. Investigation initiated.
On 7/8/24 at 11:25 AM V11 (LPN/MDS/Care Plan Coordinator) stated, I was here on Saturday and just before 3:00 PM (R17) reported to (V19) that (R18) had been making faces at her and had touched her left breast. We called (R20), the corporate nurse and she called her boss. We immediately put (R18) on 15-minute checks. (R17) was a little unclear about what day this had happened, but she agreed to go to the hospital to be checked. We called the police, and they came and spoke with (R18) in Spanish, and we came up with the solution that he should just not touch anyone. This happened on Saturday, so I do not have access to the cameras. Then he was accused on Sunday of touching (R1). He (R18) is not alert and oriented at all and he is only Spanish speaking. His family says he (R18) used to dig in the couches for cigarettes and that is what they think he is doing now is looking for cigarettes. We are hoping to have a care plan this week to figure out what to do. I am not sure is he knows what he is doing. I don't know anything about (R21) being touched, but (R21) likes (R18) and she used to say that (R17) was her boyfriend.
On 7/8/24 at 12:50 PM V1 (Assistant Administrator) stated, Yesterday, I spoke with the resident (R17), and she said that (R18) was making faces at her and then touched her left breast. No one else was in the dining room at the time. She called (V22) and then I spoke to (V22), and he said this is not the first time (R17) has made allegations like this. I spoke with the (R17) and the nurses. The cameras are not working right now. The whole system is down and has been for over a week. Someone is supposed to be coming out today. We think one of the storms might have taken it out. We immediately put (R18) on 15-minute checks and now he is on 1 to 1. It is costing me a fortune, but we have to keep our residents safe. The second incident (R19) was yelling and screaming in the dining room and saying, He's touching her, he's touching her! When (V3) walked in they (R1 and R18) were not within reach of each other and (R19) told her that she saw him (R18) touching her (R1's) arm and chest. (R1) is in a chair with a very high back and from where (R19) was sitting we don't know how she could see anything and (V3) (RN) asked her that. We are still doing an investigation and working with the family to try to find alternate placement for him. I am not aware of any incident with (R18) and (R21) but he will be one on one until we figure out what to do with him.
On 7/8/24 at 1:50 PM V19 (Social Worker) stated, I was here when (R17) called (V22) and then (V22) called me. I told the staff on the floor and contacted (R1) and (V20- Corporate Nurse) and began investigating right away. V22 told me that (R17) had reported a sexual assault and that (R18) had made faces at her and then touched her left breast. (V22) also said that (R17) tends to fabricate stories like this. When I talked to (R17) she said many people have talked to her and she doesn't really remember the details of what happened. No one else was in the dining room when this happened. I've seen (R18) going towards female residents before but we just need to remind him not to touch anyone. I interviewed (R18) but he has no recollection of touching anyone.
On 7/9/24 at 1:20 PM V20 (Corporate Nurse) stated, (V19) got a call from the (V22) about (R17) and (R18). (R17) claimed she was sexually assaulted and that (R18) had touched her breast. We contacted the family and the physician and (the State Agency). Then we sent her out for a rape kit at the hospital. I do my rounds when I am here and try to get to know the residents as much as I can. (R18) is a very quiet man always in the dining room and often trying to leave the activity. No one has voiced any concerns to me about him touching female residents. We put him on 15-minute checks. On Sunday I was made aware of (R18) getting close to (R1) - on the 15-minute checks. (R19) was screaming and yelling and the nurse (V3) intervened immediately. I have never seen him propel himself so I can't say for sure that he can. He was put on 1 on 1's and had to get more staff to do that. We did a complete body assessment on (R1) and contacted the family and the physician. The (City) police had come for (R17) so we called and let them know about this one as well. We have set a care plan with the family. We can't provide 1 on 1 care all the time but under these circumstances we have to keep our residents safe. The cameras have not been working for some time- probably due to construction. I am not aware of any issues with (R4) and (R11). If staff see something they let us know and we take it very seriously. I am not in charge of the investigation, but I am there to say, did we do this? did we do that?
On 7/10/24 at 9:55 AM V22 (Ombudsman) stated, (R17) called me and told me that (R18) attempted to provoke her, he stuck out his tongue, and made faces at her and when she didn't respond he grabbed her breast. (R17) told the nurse - but she didn't think it was going to be investigated and wanted to make sure it was, so she called me. (R17) has recanted things in the past but people recant things for a variety of reasons, that doesn't mean it didn't happen. Maybe they don't want to deal with it anymore or whatever. I still believe them when they say it happened.
On 7/10/24 at 11:05 AM, R17 stated, We were in the dining room, but I don't remember what time of day it was. I don't know if there were others in the dining room or not. He (R18) was sticking his tongue out and wiggling his tongue at me and then he got in front of me, and he put his hand on my left breast. I told him to 'cut it out' and he stopped. I reported it to staff, but I don't remember who it was. I saw him groping another lady the next day in the dining room. He goes all over in his wheelchair.
R17's Progress Notes dated 7/6/24 state, Patient returned from hospital following evaluation. No new orders upon return. Patient assisted in bed in comfortable position with call light within reach. Patient given dinner upon arrival. Will continue to monitor.
R17's Progress Notes dated 7/8/24 state, This writer interviewed (R17) in the privacy of her room concerning her sexual abuse claim. (R17) states, I've been asked several times about this. It happened a few days ago and I can't remember all that happened. (R17) seemed to be in good spirits, however, seemed more concerned with the bed control to adjust her bed during our conversation. (R17) is alert and oriented X 2-3. She has a diagnosis of Unspecified. Dementia, Unspecified Severity, with other behavioral disturbances, Other Schizoaffective disorders, anxiety disorder, Other specified depressive episodes. Writer will follow up with (R17) later in the day to see if (R17) recalls incident.
R18's Current Care Plan does not show any focus areas related to resident-to-resident sexual abuse or inappropriate touching of others by R18.
R18's Progress Notes dated 7/8/24 state, Writer interviewed (R18) at chair side in a private area with a CNA present to translate. Writer asked (R18) is he recalled inappropriately touching any female residents within the past few days. (R18) responded with the statement, I don't remember. This writer conducted a BIMS assessment with (R18) today. (R18 scored a 7 out of 15 on the BIMS.) (R18) has a diagnosis of Dementia. (R18) is currently on a one to one with staff monitoring each shift to ensure that (R18) is not exhibiting any inappropriate behaviors.
3. The facility reported incident dated 7/7/24 states, It was reported to the (V1- Assistant Administrator) that (R19) was yelling and screaming in the dining room to staff that resident (R18) may have touched (R1). Per (V3-Registered Nurse/RN) upon arrival, she questioned (R19) as to how she could have witnessed anything from the angle she was sitting at. (R3) completed body assessment. No noted distress to (R1). However, investigation still initiated and is ongoing. Per policy, ombudsman, police, doctor and family members all notified. Final report due in 5 business days.
On 7/8/24 at 2:10 PM V3 (RN) stated, I was at the cart on Sunday in the morning around breakfast and I heard yelling from the dining room. It was (R19) and she was yelling, he is touching her, he is touching her! I walked in and I saw (R1) and (R18) and they were not close enough to be touching. (R1's) back was to (R19) and she is in the big chair so I am not sure how (R19) could have seen anything. We separated them and I took (R1) to the nurse's station and the other nurse took (R18). We contacted everyone (Administration) and put him on 1-1. We have had some problems with him in the past, but it is usually just looking for cigarettes. (R18) has always gravitated towards (R21) and (R1) but I have not seen him touch them before. I make sure he doesn't when I am here. He (R18) likes to go out and smoke and he is always looking for people with cigarettes. (R4 and R11) I was here for the aftermath of that and heard that (R4) had wandered into (R11's) room so they moved him to my hall. I heard (R4) frightened her and (R4) had touched (R11) and (R11) was very scared. So, they moved (R4).
On 7/11/24 at 10:20 AM R19 stated, The little man with the hat (R18) I saw him touching (R1) he was rubbing her arm and then up and was rubbing her breast. I was sitting at the table, facing the window and she was at the round table. I don't know how she responded because I started hollering to try to get help.
R1's Face Sheet shows that R1 has diagnoses including Early Onset Alzheimer's Disease and Malnutrition. R1 is not interviewable.
4. On 7/5/24 at 8:00 AM Resident (R21) was sitting outside the dining room. R21 was approached by R18, who pulled up alongside of (R21) and started to touch her arm. V15 (RN) intervened right away and pulled (R18) away from (R21) and told him not to touch her.
On 7/8/24 at 9:30 AM R16 stated, On Saturday morning about 5:30 AM I saw (R18) out by the nurse's station, and he had his hand under (R21's) shirt. I told him (R18), 'what are you doing, stop doing that!' He doesn't speak English, so I told him in Spanish, and he stopped. (R18) touches (R21) and (R1) all the time.
On 7/9/24 at 3:15 PM R21 stated, I just think, they don't mean anything by it. The guys here are really nice. My right breast has been hurting for a little while and I told the nurse about it. I always think, what did I do? or did I do something to him? (Unable to say who him is) How did he hit me? I never had anything like this before, then I got the pain. I think to myself, what did I do?
R21's Face Sheet shows that (R21) has diagnoses including Alzheimer's Disease, Malnutrition, Anxiety and Depressed Mood.
The Immediate Jeopardy that began on 5/26/24 was removed on 7/10/24 when the facility took the following actions to remove the immediacy.
The facility implemented the following abatement plan after a meeting was conducted by the appropriate members of the Quality Assurance Performance Improvement (QAPI) Committee help on 7/10/24 at 12:15 PM.
1) Corrective actions which will be accomplished for those residents found to be affected by the deficient practice.
R18 has been on 1:1 since 7/7/24. R4's room was immediately changed to the other side of the facility. R4 has been place on 15 min checks.
R11, R17, R21, and R1 will be provided counseling per Social Service Director to ensure the feel safe in the facility.
Any resident with known sexual behaviors will have a care plan in place with interventions to prevent incidents of resident to resident abuse.
All allegations of resident to resident sexual abuse will be investigated and all behaviors will be documented in the resident's medical record.
2) How the facility will identify other residents having the potential to be affected by the same deficient practice.
All female residents had the potential to be affected by this deficient practice. Any resident that is named in the abuse allegation, no matter the circumstances, will be immediately placed on 1:1 until the completion of the investigation.
The facility will interview all cognitive resident on 7/10/24, beginning at 1:00PM, to see if any resident has been inappropriate with them or had they witness any resident being inappropriate with other residents. The interviews will be conducted by (V2-Director of Nursing) and (V20- Corporate Nurse). All interviews will be documented.
The QAPI committee reviewed the facility's policy on Abuse and Neglect to determine if any revisions needed to be made. It was determined that no revisions needed to be made.
3) The measures the facility will take or systems the facility will alter to ensure that the problem will be corrected and will not recur.
The facility will initiate in-service training for all staff in the building on 7/10/24, this training will continue with all other staff prior to reporting for their shift. All training will be conducted by the facility Director of Clinical Excellence (V20) and/or the Director of Nursing (V2). All training will be completed on 7/10/24. This training includes:
1) Abuse and Neglect Policy
a. What are the eight types of abuse?
b. Who do you report abuse or neglect to?
c. Who is the abuse coordinator?
d. Abuse or Neglect should be immediately reported to the abuse coordinator, do no wait to report.
e. All allegations of abuse should be reported to law enforcement.
f. All residents will be examined by a physician following an allegation of sexual or physical abuse of any type.
g. All staff members that are named in the abuse complaint will be immediately suspended until the outcome of the investigation.
h. Appropriate interventions will be put in place for residents that are named in the complaints.
i. A thorough investigation will be conducted after an allegation of abuse or neglect. Steps in this investigation will include:
a) Prior to the investigation being initiated, any staff member named in the allegation will be suspended.
b) The physician, Medical Director, and the family will be notified
c) Law enforcement will be notified of abuse
d) Medical care will be provided as indicated, if sexual abuse is alleged, the resident will be sent to the hospital for examination.
e) Review the completed documentation forms
f) Review the resident's medical record to determine events leading up to the incident
g) Interview the person reporting the incident
h) Interview any witnesses to the incident
i) Interview the resident (As medically appropriate)
j) Interview the resident's attending physician as needed to determine the resident's current level of cognitive function and medical condition. The investigation will continue regardless of the resident's cognitive status.
k) Interview all staff members (on all shifts) during the period of the alleged incident
l) Interview the resident's roommate, family members and visitors
m) Interview other residents to whom the accused employee provides care or services
n) Review all events leading up to the alleged incident
o) IDPH will be notified
p) If investigation has been concluded and new information becomes available, an addendum will be sent to IDPH and other concerns parties.
4) Quality Assurance plans to monitor facility performance to make sure that corrective actions are achieved and are permanent.
1) The facility will conduct pre-employment screening of employees and pre-admission screening of residents. This will be monitored to ensure completion by the Director of Clinical Excellence (V20) or designee, monthly for 3 months, then quarterly for 1 year, this monitoring will continue until November 10, 2024.
2) All newly hired staff will be in serviced prior to working the floor on the facility abuse and neglect policy. This will be monitored to ensure completion by the Director of Clinical Excellence, (V20) or Designee, monthly for 3 months, then quarterly for 1 year, this monitoring will continue until November 10, 2024.
3) All staff members will be in serviced on the abuse and neglect policy monthly for 3 months, then quarterly for 1 year. This in-service schedule will continue until November 10, 2024. Staff will be in serviced in person by the facility Administrator or DON (V1 or V2), if a staff member is unable to attend the in-service due to vacation or illness, they will be in serviced prior to working the floor on their next shift. This will be monitored for completion by the Director of Clinical Excellence, (V20) or designee, monthly for 3 months, then quarterly for 1 year, this monitoring will continue until November 10, 2024.
4) The director of Clinical Excellence (V20) will review all abuse and neglect investigations monthly to ensure that the facility abuse policy was followed.
5) All abuse and neglect allegation/investigations will be reviewed by the facility's Quality Assurance Performance Improvement committee until November 10, 2024. Any issues identified will be immediately corrected and additional training will be provided as indicated.
6) A facility created quality assurance tool will be implemented and used by the Administrator (V1), or designee weekly for a month, then monthly for 3 months, then quarterly for 1 year, this monitoring will continue until November 10, 2024. The results of this tool will be reviewed during the facility Quality Assurance Improvement meetings until November 10, 2024. Any issues identified will be immediately addressed.
II. Based on interview and record review the facility failed to protect a resident from sexual abuse by another resident. This applies to 1 of 14 residents (R22) reviewed for sexual abuse in the sample of 22.
The findings include:
The facility reported incident dated 7/10/24 states, On 7/10/24 at approximately 5:15 PM it was reported to the (V20- Director for Clinical Excellence/Corporate Nurse) while conducting interviews of residents on if they experienced any inappropriate behaviors towards them by other residents, (R22) stated no. As (V20) walked out of the room, the (R22) then stated actually 'yes, (R18) touched my breast on Thursday 7/4/24.' Upon initial investigation it was discovered that this allegation was actually on Friday 7/5/24 as staff that she said was working in the facility that day, was in fact not. (R18) is currently on 1:1 supervision. Family, MD and ombudsman of both residents were notified. Investigation initiated. Final report due in 5 days.
On 7/11/24 at 10:00 AM R22 stated, It was during the day in the dining room. I was sitting there and (R18) was trying to hold my hand so I was going to let him- I was just trying to be nice. Next thing I know he was moving his hand up my arm inside my sleeve and he grabbed my left boob. I told him to 'quit it!' and then V23 (Activity Director) came and rolled (R18) away from me. I don't think I told anyone else. This has never happened before, and it won't ever happen again. I hope (R18) has not done this to other residents.
On 7/11/24 at 10:15AM V23 stated, I was walking back to the office and (R18) was sitting next to (R22) in the hall outside the dining room. She said he touched her boob, and I took (R18) away and told him in Spanish don't touch. I told either (V11- MDS Coordinator) or (V2- Director of Nursing), I don't remember which one. I have seen him get close to other residents and he likes to touch their arm or hand. Never seen anything inappropriate. I am still trying to acclimate to my new position and didn't know I was supposed to do anything else.
R22's Progress Notes dated 7/11/24 state, Writer was informed of recent accusation. Res(ident) alert, oriented x3. Writer informed resident of body assessment needed. Skin dry, intact. NO redness, bruising, discoloration, swelling. Ongoing tx (treatment) to right heel in place. Writer informed resident of needing to inform POA (Power of Attorney) of occurrence and resident stated she did not want POA informed. Will speak with resident later this shift for follow up.