Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review, the facility failed to ensure a resident with dementia, a history of agitation, anxiety, and combativeness, remained free from physical and verbal abuse, which resulted in a staff member holding the wrists of a resident during care that was later identified with bruising to the bilateral hands and wrists. Using the reasonable person concept, it was likely that this would lead to chronic or recurrent fear and anxiety. (Resident B)
The Immediate Jeopardy began on 4/30/23, when Resident B was held by the wrists during care that was later identified with bruising to the wrist and hands. Area [NAME] President and [NAME] President of Clinical Operations were notified of the Immediate Jeopardy on 5/17/23 at 1:38 p.m. The Past Noncompliance Immediate Jeopardy began on 4/30/2023. The Immediate Jeopardy was removed and corrected on 5/10/23, before entrance into the facility, when the facility completed staff education for abuse, ensure resident-specific behavior care plans were followed, ensure interventions did not include manual method, and ensure allegations of abuse were reported to the appropriate person timely. The correction date was prior to the start of the survey and was therefore Past Noncompliance.
Findings include:
The clinical record for Resident B was reviewed on 5/16/23 at 9:50 a.m. The diagnoses included, but were not limited to, Alzheimer's disease, arthritis, cerebral infarction, muscle weakness, and symptoms and signs involving cognitive functions and awareness. Resident B was admitted to the facility on [DATE].
An admission Minimum Data Set (MDS) assessment, dated 2/23/23, noted Resident B with moderate cognitive impairment, physical behavioral symptoms directed towards others occurred 1-3 days, verbal behavioral symptoms directed towards others occurred 1-3 days, other behavioral symptoms not directed towards others occurred 1-3 days, yes to it interfering with resident's care, yes to significantly intruding on the privacy or activity of others, yes to significant disruption of care or living environment, and rejection of care within 1-3 days. Resident B required the need of extensive assistance with 2 staff person for bed mobility, transfers, dressing, toilet use, and personal hygiene.
An interview conducted with Family Member 8 during the survey indicated Resident B requested his [NAME] device to utilize while he was at the facility. He utilized the device at home and since there was no roommate there wasn't the concern for others privacy. During the last week of being at the facility prior to being hospitalized , Resident B had fallen and acting extra anxious while also picking at his arms. Resident B was having behaviors but Family Member 8 wondered why Resident B was yelling and so upset. The facility staff kept mentioning it was dementia, but it seemed like something else was wrong. Family Member 8 had the ability to review the camera footage that was located on the [NAME] device in Resident B's room. Someone was holding Resident B's wrists and when the other girl applied a shirt on Resident B he commented quit holding my arm and he [male caregiver] didn't. Resident B ended up with bruises to his wrists. The male caregiver commented I'm so high I could burn you up for supper and admitted to being high. He was a new CNA and worked night shift. The male CNA also mentioned I'm going to put my 10.5 up your butt. The staff were being rough and in a hurry while caring for him. Resident B became sensitive and had distrust with others during his stay. It appeared to be a trauma response. Family Member 8 noticed Resident B was sleeping a lot more recently. Family Member 8 reported the incident when she observed it on the camera footage a couple days after it occurred on 4/30/23.
A care plan, dated 2/20/23, indicated Resident B had impaired neurological status related to Alzheimer's disease. The interventions listed were to assist in activities of daily living (ADLs), mobility as needed, and monitor ADLs for assistance and render care as needed.
A care plan, dated 2/24/23, indicated Resident B felt down, depressed, or hopeless, along with difficulty falling or staying asleep, and feeling bad about oneself. The interventions listed were to encourage activity involvement, offer food and beverages to ones liking, and take the time to discuss ones feelings when feeling sad.
A care plan, dated 2/24/23, indicated impaired cognition for Resident B. The interventions listed were to help maintain dignity, help with reminders and cues as needed, allow resident to do what he was capable of doing, at his own pace in his own way, and remember that I (Resident B) am an adult and treat him accordingly.
A behavioral care plan, dated 3/6/23, indicated the following, .I [Resident B] sometimes have incidents of being uncooperative with care AEB [as evidenced by]; anxiousness, pinching, grabbing at staff, lifting my feet off ground during transfers, being verbally aggressive with staff (cursing, yelling), swinging at staff/attempting to hit .Interventions .Approach me one caregiver at a time. Multiple people talking in the room may agitate me .Attempt one task at a time with short simple instructions. Don't rush me .Explain to resident in simple terms what you are trying to do and how it will benefit him/her .Offer fluids or snack .Offer toileting/incontinent care when needed .Play some jazz music if I am combative or restless .Please explaining [sic] what you are doing and allow me time to comprehend before attempting .Provide a quiet calm area for me to unwind when agitated. Loud noises can cause me agitation .Provide care in pair when agitated .Provide me with drumsticks and an object to drum on when agitated. Place me away from others I may inadvertently injure [sic]
A trauma care plan, dated 3/6/23, indicated the following, .I have a hx [history] of trauma r/t [related to] Physical/Verbal abuse, physical/emotional neglect, sudden unexpected loss of family member, witness to violence. If experiencing a trigger from history of Trauma, I may display signs and symptoms of Anxiety, fear, irritability, being easily startled, outburst of anger or rage, emotional swings/detachment, self-blame, and shame The interventions listed were to arrange for mental health services as indicated, encourage to express thoughts and feelings in a safe place, identify the items that lessen the effects of trauma and provide comfort, observe for signs and symptoms of depression, anxiety, eating disorders, sleep disturbances, and substance use disorder, and provide a quiet, non threatening environment with decreased stimulation.
A care plan, dated 4/10/23, indicated Resident B refused care at times. An intervention was listed to re-approach resident when he refused care.
A psychiatry progress note, dated 4/11/23, indicated Resident B was anxious, had agitation, general weakness, easily fatigued, and negative for aggression. There was severe impairment for judgement, insight, and disengaged for Resident B's attitude/rapport.
A Quarterly MDS assessment, dated 4/13/23, noted Resident B with severe cognitive impairment, yes to feeling down, depressed or hopeless for 12 to 14 days, and yes to trouble concentrating on things for 12 to 14 days.
A wound assessment report, dated 4/26/23, indicated a cluster of small skin tears from self inflicted scratching noted measuring 9 x 2.5 centimeters.
A progress note, dated 4/30/23 at 1:43 p.m., indicated the following, .CNA brought camera from resident room that was positioned to point at his bed. Camera was hidden near TV. Camera removed from resident room, brought to nurses station and battery removed
An encounter note, dated 5/3/23, indicated the following, .Spoke to daughter in lengthy period overall patient?s [sic] condition .Daughter also would like to talk to Psych/mental health provider
A progress note, dated 5/4/23, indicated the following, .ALZHEIMER'S DISEASE .worsening, verbally and physically combative with staff .if continues patient needs to be send out to inpatient psych .Restlessness and agitation .buspar discontinued, as daughter worries makes her dad lethargic
An incident reported to the Indiana State Department of Health survey report system, reported on 5/5/23, indicated Resident B's daughter presented to the facility to pick up a camera located in Resident B's room on 4/30/23 while staff were providing care. The daughter of Resident B allowed the Executive Director (ED) to view a small clip of two Certified Nursing Assistants (CNAs) providing care to Resident B on 4/30/23. One male CNA (CNA 2) entered the room and stated to Resident B They brought me in here to set you straight, I am going to put my foot up your butt. While female CNA (CNA 4) provided care to Resident B, CNA 2 was observed on video holding Resident B's forearms. CNA 2, before leaving Resident B's room, told Resident B that he would keep him straight if he continued to hit, kick, and spit, that he would stick his 10.5 up his butt. The follow up, dated 5/10/23, indicated skin assessments were conducted on Resident B with no concerns noted. Employee education completed on Abuse and Neglect, and reporting policy. CNA 2 was terminated for violation of abuse and CNA 4 was terminated for violation of reporting abuse.
A typed statement of an interview with CNA 2, dated 5/5/23, indicated the following, .I [CNA 2] held his [Resident B's] hands for [Name of CNA 4] because he is combative. I had my hand around his wrists but didn't use any force or anything. I am bigger than him. He was hitting, kicking, and smacking. I don't remember saying They brought me in here to set you straight, I am going to put my foot up your butt., or I am going to keep you straight if you continue to hit, kick and spit, I will stick my 10.5 up your butt. I wasn't harming him and I know it is illegal for that camera to be in there.
A typed follow-up statement of an interview with CNA 2, dated 5/8/23, indicated the following, .In response to the question regarding holding [Name of Resident B's] wrist, [Name of CNA 2] stated he did that to keep the female caregiver from being hit. [Name of CNA 2] stated he did not use any force and that he would do it again to keep the facility staff safe. [Name of CNA 2] stated he did not recall stating he would put his foot up [Name of Resident B's] butt but acknowledged it was on the video and he shouldn't have said that.
A document titled 3 Step Employee Memorandum, dated 5/5/23, indicated CNA 2 was terminated from employment for Resident abuse or neglect (physical, sexual, verbal or mental).
A typed statement of an interview with CNA 4, dated 5/5/23, indicated the following, .[Name of CNA 4] reported to the building for her shift and was taken to the conference room .ED spoke to [Name of CNA 4] about the events that had taken place on Sunday 4.30.23 [4/30/2023]. She [CNA 4] stated they had found a camera in [Name of Resident B's] room while providing care .explained to [Name of CNA 4] that she was on video providing care with a male caregiver. In the videov is [sic] was observed that the male care giver stated They brought me in here to set you straight, I am going to put my foot up your butt. While she provided care to the resident the male caregiver [CNA 2] was observed in the video holding [Resident B's] forearms. The male caregiver before leaving the room stated to the resident I am going to keep you straight if you continue to hit, kick, and spit, I will stick my 10.5 up your butt. When I asked [Name of CNA 4] why she hadn't reported the event, she stated, I had an ear bud in my ear listening to a podcast and I didn't hear it. When questioned about her reaction to the camera when finding it, she stated oh no, were going to be in trouble, she didn't recall it.
A typed follow-up statement of an interview with CNA 4, dated 5/8/23, indicated the following, .[Name of CNA 4] stated that when she went to ask for help with [Name of Resident B] because he was combative earlier in the morning. She asked [Name of CNA 6], but he was busy assisting another caregiver. [Name of CNA 4] stated she went to ask [Name of CNA 2] for assistance but was hesitant because he makes out of pocket remarks towards female co-workers. [Name of CNA 4] stated she didn't hear [Name of CNA 2] make any statements regarding putting his foot up [Name of Resident B's] butt. Female caregiver stated she thought it was okay that the male caregiver held [Name of Resident B's] arms because he was protecting her [CNA 4] from getting hit. [Name of CNA 4] stated she said oh no, we're going to be in trouble at the end of the video because she was concerned about [Name of CNA 2] holding [Name of Resident B's] arms.
A document titled, 3 Step Employee Memorandum, dated 5/9/23, indicated CNA 4 was terminated from employment for failure to report observed resident abuse or neglect, or a physical injury of a resident.
A skin evaluation, dated 5/4/23 at 4:00 p.m., indicated the following skin issues:
- Skin Issue #1 of bruising to left hand between index finger and middle finger measuring 1 x 1 centimeter,
- Skin Issue #2 of bruising to left first knuckle measuring 1 x 1 centimeter,
- Skin Issue #3 of bruising to left wrist measuring 2 x 2 centimeters,
- Skin Issue #4 of bruising to left hand between thumb and index finger measuring 2 x 1 centimeters,
- Skin Issue #5 of bruising to left arm measuring 6 x 5.5 centimeters,
- Skin Issue #6 of bruising to right wrist measuring 2 x 3.5 centimeters,
- Skin Issue #7 of bruising to right hand measuring 7 x 4.7 centimeters,
- Skin Issue #8 of bruising to right fifth knuckle measuring 0.5 x 1 centimeter, &
- Skin Issue #9 of bruising under the right eye measuring 0.5 x 0.5 centimeters.
A typed statement for CNA 5, dated 5/5/23, indicated the following, .We block his arms [Resident B] while we are providing care and I haven't seen anything alarming while providing his care. When you approach and tell him what you're doing he doesn't strike as much
A typed statement for LPN (Licensed Practical Nurse) 3, dated 5/5/23, indicated the following, .staff would just block him [Resident B] when he became combative .He usually calms down as you talk to him
A typed statement for CNA 6, dated 5/5/23, indicated the following, .I do hold his [Resident B's] wrists, but I do that to protect other staff members while they are providing care .He was concerned about the camera because he was worried, he may be on there holding the resident's wrist .Employee [CNA 6] educated on how to handle resident's that are combative and to be restraint free immediately before returning to the floor
A Social Services note, dated 5/8/23 at 9:54 a.m., indicated psychosocial follow up with Resident B was conducted. No distress noted at that time.
There were no previous Social Services notes in regards to the follow up of the incident reported on 5/5/23.
An interview conducted with CNA 6, on 5/17/23 at 1:05 p.m., indicated on a few occasions he attempted to hold Resident B's wrists during personal care. He was not aware that it was considered a restraint or abuse. The facility had CNA 6 retake a class on abuse and now he knows what to do the next time this were to happen. The CNA class he participated in did not go over behaviors or how to deal with residents with dementia. He has worked at the facility for approximately 3 years and there was a lot of agency staff and they would discuss their history of working at the State hospital in regards to restraining residents. The staff would try to hold Resident B's hands but he continued to focus on the CNA providing care but sometimes we would hold his wrists in attempt to calm him.
An interview conducted with Director of Nursing (DON), on 5/17/23 at 1:30 p.m., indicated she reviewed video footage of CNA 2 grabbing Resident B's wrists during care as well as making comments that were inappropriate and not acceptable at the facility.
An interview conducted with CNA 2, on 5/17/23 at 3:00 p.m., indicated Resident B was physical during care with hitting and kicking at the staff members. He cared for Resident B on 2 occasions. At the beginning of Resident B's care he would attempt to bribe him with ice cream. As soon as the other female CNA (CNA 4) started to care for Resident B, he starting flailing his arms. CNA 2 stated he previously worked at a behavioral unit in the long-term care facility and they conducted procedures like manual methods. The other staff members at the facility are the ones that told CNA 2 they usually handle Resident B with manual methods like holding his hands and wrists. He had only worked at the facility for a couple of weeks and only received 1 day of orientation and then he was working by himself.
A policy titled Abuse, Neglect and Exploitation, revised October 2022, was provided by the Area [NAME] President on 5/16/23 at 9:52 a.m. The policy indicated the following, .It is the policy of this facility to provide protections for the health, welfare and rights of each resident by developing and implementing written policies and procedures that prohibit and prevent abuse, neglect, exploitation and misappropriation of resident property .Policy Explanation and Compliance Guidelines .1. The facility will develop and implement written policies and procedures that .a. Prohibit and prevent abuse, neglect, and exploitation of residents and misappropriation of resident property .b. Establish policies and procedures to investigate such allegations .c. Include training for new and existing staff on activities that constitute abuse .reporting procedures, and dementia management and resident abuse prevention
This Federal deficiency relates to Complaint IN00408060.
3.1-27(a)(1)
3.1-27(b)