Finding Description
Based on observation, interview and record review, the facility failed to ensure residents were free from sexual abuse on the Alzheimer's Care Unit of the facility for 3 of 5 residents reviewed for abuse. (Residents 50, 56, and 74)
Findings include:
1. The clinical record for Resident 50 was reviewed on 6/17/24 at 1:10 p.m. The diagnoses included, but were not limited to, Alzheimer's disease, dementia, anxiety, and insomnia.
The 5/15/24 Quarterly MDS (Minimum Data Set) assessment indicated the BIMS (brief interview for mental status) was not conducted, as she was rarely/never understood. The staff assessment for mental status indicated she had short and long-term memory problems. She did not know the current season or that she was in a nursing home. Her cognitive skills for daily decision making were severely impaired, in that she rarely/never made decisions. It indicated she had physical behavioral symptoms directed towards others, such as hitting, kicking, pushing, scratching, grabbing, and/or abusing others sexually during one to three days of the past seven days. She had verbal behavioral symptoms directed towards others such as threatening, screaming at, and/or cursing at others during one to three days of the past seven days.
The 10/5/23 behavior care plan, last revised 12/19/23, indicated she demonstrated sexually inappropriate behaviors by entering male resident rooms, laying in male resident's bed, and making sex-related comments. The goal, with a target date of 8/13/24, was for her to interact with others appropriately during social and care situations. Interventions were to quietly attempt to redirect, reminding her that the behavior was not appropriate; to let her physician know if her behaviors were interfering with her daily care/living; and to please refer her to mental health services as needed.
There was no assessment/evaluation in the clinical record indicating Resident 50 had the capacity to consent to sexual activity in the facility.
2. The clinical record for Resident 74 was reviewed on 6/13/24 at 1:17 p.m. Her diagnoses included, but were not limited to: dementia, anxiety, and insomnia.
The 5/25/24 Significant Change MDS assessment indicated she was severely cognitively impaired. She had a behavior of wandering during one to three of the previous seven days. The wandering behavior significantly intruded on the privacy of activities of others.
An observation of Resident 74 was made on 6/13/24 at 1:17 p.m. She was continuously wandering about the unit from the dining room into the hallway and into the sunroom.
The 4/8/24 behavior care plan indicated she demonstrated sexually inappropriate behaviors by entering a male resident's room, laying in male resident's bed, and inappropriate touching. The goal was for her behaviors to lessen. Interventions, effective 4/8/24, were to offer her something else she liked as a diversion; let her physician know if her behaviors were interfering with her daily care/living; and to refer her to mental health services as needed.
The 4/9/24 behavior care plan indicated she wandered in others' rooms; may crawl in bed with others; believed other male resident was her husband and became agitated and aggressive when attempting to redirect. The goal was for her to not harm herself or others due to her behaviors. Interventions, effective 4/9/24, were to attempt interventions before her behaviors began; make family aware of behaviors; let her physician know if her behaviors were interfering with her daily living and offer here something she liked as a diversion.
There was no assessment/evaluation in the clinical record indicating Resident 74 had the capacity to consent to sexual activity in the facility.
A behavior note, dated 6/6/24 at 8:35 a.m., written by LPN (Licensed Practical Nurse) 5, read, Resident was standing in the dining room next to a male resident allowing him to grope her butt in front of the other residents. Interventions attempted: Residents were separated and redirected. Effectiveness of the interventions: Somewhat effective, though resident is pacing the unit trying to figure out how to get back to this male resident. She is also becoming very irritated with anyone whom [sic] is standing in her way or attempting to keep them apart. The note did not include documentation to show all the identified interventions to address behaviors were implemented, the facility initiated new interventions to address behaviors when the identified interventions were ineffective, or adequate supervision was provided to prevent further resident-to-resident abuse.
The next consecutive behavior progress note, dated 6/6/24 at 9:35 a.m., written by LPN 5 indicated, Resident was standing next to the couch in the dayroom while a male resident was sitting on the couch with his hand up her shirt and rubbing on her breast. Interventions attempted: Residents were separated and a CNA (Certified Nursing Assistant) was asked to monitor that they remain apart. Effectiveness of the interventions: Ineffective as the two residents continue to seek one another out.
The next subsequent progress note related to Resident 74's behaviors, dated 6/6/24 at 2:49 p.m., written by LPN 5, read, Resident has roamed the unit seeking out a certain male resident all shift. Whenever staff attempted to separate the two residents, both residents would become aggressive and begin to lash out at staff verbally and physically. The note did not include documentation to show all the identified interventions to address behaviors were implemented, the facility initiated new interventions to address behaviors when the identified interventions were ineffective, or adequate supervision was provided to prevent further resident-to-resident abuse.
3. The clinical record for Resident 56 was reviewed on 6/14/24 at 11:37 a.m. The diagnoses included, but were not limited to: Alzheimer's disease, dementia, anxiety, and insomnia.
The 5/10/24 Quarterly MDS assessment indicated the BIMS was not conducted, as he was rarely/never understood. The staff assessment for mental status indicated he had short and long-term memory problems. He did not know the current season or that he was in a nursing home. His cognitive skills for daily decision making were moderately impaired, in that decisions were poor, requiring cues/supervision.
An observation of Resident 56 was made on 6/14/24 at 2:05 p.m. He was lying awake in bed. He began speaking but was unable to understand what he was attempting to say.
The 3/23/23 behavior care plan, last revised 4/16/24, indicated he demonstrated sexually inappropriate behaviors, believing others were his significant other. He would hug and sometimes attempt to kiss others. He displayed inappropriate touching and made sexually explicit comments to others. The goal was for him to interact with others appropriately during social and care situations. Interventions, effective 3/23/23, were to let his physician know if his behaviors were interfering with his daily care/living; quietly attempt to re-direct, reminding him that the behavior was not appropriate; let him know that his behavior was affecting others; and to refer him to mental health services as needed. The care plan did not include an intervention to provide adequate supervision to prevent resident to resident abuse.
The 10/5/23 behavior care plan, last revised 4/16/24, indicated he sometimes demonstrated sexually inappropriate behaviors by entering female residents' rooms, having female resident come into his room, and lay in bed with others. The goal was for him to interact with others appropriately during social and care situations. Interventions, initiated 10/5/23, were to let his physician know if his behaviors were interfering with his daily care/living; offer him something else he liked; quietly attempt to re-direct, reminding him that the behavior was not appropriate; and to refer him to mental health services as needed. The care plan did not include an intervention to provide adequate supervision to prevent resident to resident abuse.
The 8/31/23 behavior care plan, last revised 4/16/24, indicated he sometimes became frustrated or agitated, pushing, grabbing, being physically aggressive, and threatening when staff tried to redirect other residents from his room. He may resist care by hitting and kicking. The goal was for him to have fewer episodes of becoming frustrated and for his behavior to stop with staff intervention. Interventions were to attempt interventions before his behaviors began; give medications as doctor ordered; and to offer him something he liked as a diversion. The care plan did not include an intervention to provide adequate supervision to prevent resident to resident abuse.
There was no assessment/evaluation in the clinical record indicating Resident 56 had the capacity to consent to sexual activity in the facility.
The 5/29/24 psychiatry progress note indicated, Patient was seen today per facility request for psychiatric evaluation, medication management, and GDR [gradual dose reduction] review. Patient was seen in the common area, pacing up and down the hallway. Patient presents anxious, restless and he continues to follow another female resident. Patient is confused at times during the interview. Staff reports that he has good appetite and sleeps well at night. Per facility, patient can get anxious, irritable, agitation, verbally and physically aggressive toward staff and some resident and hard to redirect at times. Starts Lorazepam 0.5mg po [by mouth] bid [twice daily] . Follow up in two weeks and as needed.
A progress note, dated 6/5/24 at 9:31 a.m., for Resident 56, written by the DON (Director of Nursing) read, resident continues to have episodes of becoming agitated at staff when staff is attempting to assist female residents on the unit. resident believes that some of the female residents are his girls and becomes very protective. also continues to wonder [sic] about unit and at times will enter other resident's room uninvited, usually easily to redirect out of unwanted areas. Word salad frequently present, however during periods of agitation speech becomes coherent and resident will begin cursing at staff. staff will continue to attempt to ensure safety, provide interventions and assistance as warranted. Resident is followed by in-house mental health provider and is followed by in-house PCP [primary care physician] provider.
A behavior note, dated 6/6/24 at 9:01 a.m., for Resident 56, written by LPN (Licensed Practical Nurse) 5, indicated, Resident shoved this nurse out of the doorway as staff was attempting to keep he and a female resident separated due to sex behaviors. What was the resident doing prior to or at the time of behavior/mood: Resident was in the dining room and had been noticed rubbing a female resident's butt as she stood next to him. Interventions attempted: separation of resident's [sic.] Effectiveness of the interventions: Intervention was ineffective The note did not include documentation to show all the identified interventions to address behaviors were implemented, the facility initiated new interventions to address behaviors when the identified interventions were ineffective, or adequate supervision was provided to prevent further resident-to-resident abuse.
During an interview with LPN 5, on 6/17/24 at 3:00 p.m., he indicated the behavior in the above progress note was the first behavior he witnessed on 6/6/24 between Resident 56 and Resident 74.
The next consecutive behavior note, dated 6/6/24 at 9:30 a.m., written by LPN 5 indicated, Resident was noted sitting in the sunroom with his hand up the shirt of the same female resident as earlier. Resident was rubbing the breast of this resident at this time. Interventions attempted: Both resident's [sic] were separated. Effectiveness of the interventions: Intervention was ineffective as these two resident's [sic] continue to seek one another out. The note did not include documentation to show all the identified interventions to address behaviors were implemented, the facility initiated new interventions to address behaviors when the identified interventions were ineffective, or adequate supervision was provided to prevent further resident-to-resident abuse.
During an interview with LPN 5, on 6/17/24 at 3:00 p.m., he indicated he just happened to walk in the sunroom and see Resident 56 with his hand up Resident 74's shirt. There were quite a few other residents in the sunroom at the time, who were just sitting there, roughly six residents total including Resident 56 and Resident 74, and no staff.
The next consecutive behavior note, dated 6/6/24 at 9:40 a.m., for Resident 56, written by LPN 5 indicated, Resident walked up to the same female resident and grab [sic] her by the face them [sic] kissed her on the lips. Interventions attempted: Separated resident's [sic.] Effectiveness of the interventions: Ineffective. The note did not include documentation to show all the identified interventions to address behaviors were implemented, the facility initiated new interventions to address behaviors when the identified interventions were ineffective, or adequate supervision was provided to prevent further resident-to-resident abuse.
During an interview with LPN 5, on 6/17/24 at 3:00 p.m., he indicated the kiss on the lips happened in the hallway and he just happened to see it. He was coming down hallway with the medication cart when Resident 74 walked past him, and Resident 56 came out of the dining room. Resident 56 grabbed Resident 74 on both sides of her face, leaned in, and kissed her. It happened quickly, more like a peck on the lips.
The next consecutive behavior note, dated 6/6/24 at 2:33 p.m., for Resident 56, written by LPN 5, read, Resident was noted sitting on the couch in the sunroom with a female resident on either side of him and the three of them were touching and rubbing on one another. Interventions attempted: Resident's [sic] were asked to stop and then separated. Effectiveness of the interventions: Ineffective. The note did not include documentation to show all the identified interventions to address behaviors were implemented, the facility initiated new interventions to address behaviors when the identified interventions were ineffective, or adequate supervision was provided to prevent further resident-to-resident abuse.
During an interview with LPN 5, on 6/17/24 at 3:00 p.m., he indicated there was another female resident, Resident 50, sitting on one side of Resident 56, and Resident 74 sitting on his other side in reference to the 6/6/24, 2:33 p.m. behavior note. The touching and rubbing he observed while the 3 of them were on the couch was outside of the clothing, rubbing legs, and holding hands. The two female residents weren't touching each other. Resident 56 was in the middle, touching both female residents, and both female residents were touching him. He stated, [Name of Resident 56] was a little too busy for me that day.
A progress note, dated 6/6/24 at 2:36 p.m., written by LPN 5, read, Resident has been aggressive with staff while they were attempting to redirect and separate him from the same female resident whom his [sic] is drawn to.
During an interview with LPN 5, on 6/17/24 at 3:00 p.m., he indicated the 6/6/24, 2:36 p.m. progress note just referenced a continuation of separating Resident 56 and Resident 74 throughout the day. The 3 residents on the couch was the last occurrence he witnessed on 6/6/24. From the time he shoved me, it didn't get any better. He'd only worked at the facility for about 3 weeks through an agency but was off all last week. He normally worked other units and had only worked the Alzheimer's Care Unit maybe twice. It was his understanding, from talking to other employees who'd worked on the unit for a while, that Resident 56 had been showing behaviors, and they were increasing and intensifying. When he spoke with someone about Resident 56's behaviors on 6/6/24, he made sure his behavior progress notes were documented to the best of my ability. Resident 56 was very sexual in nature, but also aggressive at times, with staff, including LPN 5. At one point, Resident 56 shoved him. He told full time staff management that day, because he noticed the issues, and he was trying to see how he was supposed to address them. I was told it was care planned. They could be together, just couldn't have sex, and the family was aware, so I just documented. He believed it was either the Unit Manager/Alzheimer's Care Director, the DON, or the Administrator who told him this, but he wasn't sure exactly who, because he was still trying to learn people. Resident 56's behaviors had been brought up on several occasions. He told quite a few people, including the CNAs (Certified Nursing Assistants) so they could keep an eye on them and keep them separated. He was just told to document everything he saw. He didn't think of it as sexual abuse, because both residents were seeking each other out, and it was clear they both became agitated due to staff trying to separate them, but with the residents being on the dementia unit and not having capacity to consent, he saw it as possible sexual abuse. His concern was that families would come in and be upset by it, because it was something that families should be aware of. That's why he went forward with making sure someone knew, and it didn't just stop with him. Prior to 6/6/24, he'd seen Resident 56 be flirtatious, but not touching, more like holding hands, helping and guiding them like they were lost, at least the way that he took it. On 6/6/24, there was no mistaking what was going on between Resident 56 and Resident 74. They were seeking each other out. He'd been trained on abuse multiple times. He worked full time for the PRN (as needed) Float Pool, and they trained him on abuse, but could not recall the last time. He thought it was less than a year ago. He had not received any abuse training in the facility itself.
An interview was conducted with the ACD (Alzheimer's Care Director) on 6/14/24 at 1:50 p.m. She indicated she'd been the ACD for about 2 years and was familiar with Resident 56. She did not consider his behaviors with other female residents as inappropriate. They will love on each other, kiss and cuddle. It was mostly with Resident 74, but Resident 50 gravitated toward Resident 56 as well, would sit and hold hands, nothing inappropriate. She'd spoken to both Resident 56's and Resident 74's families and made them aware. Resident 74's family was religious and understood, as long as nothing got out of hand. She knew others had seen Resident 56 with his hands up Resident 74's shirt, but she had not seen that. A male agency nurse told her Resident 56 put his hands up the back of Resident 74's shirt and he separated them. In the last month, Resident 56 had been generally harder to redirect. The IDT [Interdisciplinary Team] had talked about this; it was care planned; they talked to families and made a note about a month and a half ago.
An interview was conducted with CNA 8, on 6/14/24 at 2:00 p.m., who worked the day shift of 6/6/24. She indicated she normally worked the Alzheimer's Care Unit of the facility and had witnessed Resident 56 wrap his arm around female residents and caught him attempting to kiss female residents. She was told by CNA 9 that Resident 56 groped women's breasts, but CNA 8 hadn't witnessed this. His behaviors had been going on at least a few months. Some days he was hard to redirect and would be loud and aggressive toward staff. Resident 56 pushed a male nurse on 6/6/24, who didn't normally work the unit. Resident 56 tended to try and kiss Resident 74, as she was the main female resident. They are like glue. CNA 8 was told their families were aware. Once in a while, Resident 56 would try to kiss Resident 50 and a few times tried to kiss Resident 49.
CNA 9 was unavailable for interview.
An interview was conducted with CNA 25 on 6/17/24 at 2:02 p.m. She indicated she worked on 6/6/24. The only thing she saw was Resident 56 kiss Resident 74 on the forehead in the sunroom, just a quick peck. She was coming out a resident's room when LPN 5 informed her in the hallway that Resident 56's hand was up Resident 74's shirt. She didn't report this to anyone, because LPN 5 informed her that he was going to take care of it. She thought LPN 5 had it handled, because he was the nurse in charge.
A progress note, dated 6/10/24 at 9:56 p.m., for Resident 56, written by the DON, read, Resident continues to have episodes of becoming easily irritated and upset with staff when staff provides interventions r/t [related to] behaviors displayed with female residents. Resident has been noted to be holding hands with female residents and occasionally kissing. Resident with severe impaired cognition status and unable to recall behavior as being inappropriate. resident with word salad and when staff intervenes, word salad becomes more severe, tone of voice becoming stern, with an occasional cursing noted. wanders about unit and at times will enter other resident's room without invitations. Resident frequently leaves unwanted areas without incident. family is aware of behaviors and understands [sic] that resident is not able to recognize inappropriateness of behaviors. Resident continues to be followed by in house PCP and in house psych provider. Staff will continue to attempt to ensure safety, offer interventions and assistance as warranted.
An interview was conducted with the Administrator, DON, [NAME] President of Risk and Regulatory Compliance, and Regional Director of Clinical Operations on 6/14/24 at 1:45 p.m. after they read Resident 56's 6/6/24 behavior notes from the electronic health record. The Administrator indicated she did not know about Resident 56's 6/6/24 behaviors. She knew Resident 56 was flirtatious, would hold hands, and thought Resident 74 was his wife. The ACD had spoken to both families in regard to these things. The Administrator did not report, investigate, or take action after the 6/6/24 occurrences, as she was unaware of them. The DON indicated she had never heard about Resident 56's 6/6/24 behaviors prior to just now reading the notes. She was not aware Resident 56 had his hand up Resident 74's shirt, nor was she aware of him rubbing on her buttocks in the dining room and touching on the couch. There was a male nurse on the unit on 6/6/24, so when he was trying to intervene, she thought Resident 56 may have had a problem with him being male and trying to intervene, as Resident 56 would say Those are my girls, and a protective mode would step in. They tried to intervene, distract, take him outside, and use various interventions to address his behaviors.
An interview was conducted with Family Member 6, Resident 74's daughter, on 6/18/24 at 10:33 a.m. She indicated the facility informed her, on 6/14/24, of the 6/6/24 sexual activity involving her mom. Resident 74 would have been very opposed to this behavior, as she was quite religious. If she didn't have dementia, she would be appalled. To her knowledge, nothing happened prior to 6/6/24. Resident 56 and Resident 74 had been kind of buddies for a while. They would sit together, but no hand holding or kissing that I know of, just sitting next to each other. One time she saw Resident 56 try to give Resident 74 a kiss on her forehead, which didn't bother Family Member 6. It was kind of sweet. Family Member 6 would have wanted to know about previous hand holding or kissing and didn't realize it had gotten into this.
An interview was conducted with Family Member 7, Resident 56's son, on 6/18/24 at 12:12 p.m. He indicated he wasn't notified about his father's 6/6/24 behaviors until 6/14/24. They called him a year ago and informed him Resident 74 was in bed with him, kinda messing around, not sure anything was done, kinda fooling around. The staff was responsible for his father and the other residents, so he questioned how this happened and thought the responsibility was on the facility.
An interview was conducted with the DON on 6/17/24 at 10:53 a.m. She indicated the home office was responsible for training PRN (as needed) Float Pool staff on abuse, identification, and reporting, as it was not provided to them in the facility. Her understanding was they were already trained when they came into the facility to work.
The Dementia Care policy was provided by the DON on 6/19/24 at 3:00 p.m. It read, It is the policy of this facility to provide the appropriate treatment and services to every resident who displays signs of, or is diagnosed with dementia, to meet his or her highest practicable physical, mental, and psychosocial well-being 1. The facility will assess, develop, and implement care plans through an interdisciplinary team (IDT) approach that includes the resident, their family, and/or resident representative, the extent possible 6. If needed, the environment will be modified to accommodate individual resident care needs. 7. The care plan goals and interventions will be monitored on an ongoing basis for effectiveness, and will be reviewed/revised as necessary. 8. Appropriate referrals will be made if current interventions are ineffective or resident shows a decline in psychosocial, mood, or behavioral status (i.e. physician, mental health provider, licensed counselor, pharmacist, social worker).
The Abuse, Neglect, and Exploitation policy was provided by the DON on 6/17/24 at 11:08 a.m. It read, Sexual Abuse is non-consensual sexual contact of any type with a resident Employee Training A. New employees will be educated on abuse, neglect, exploitation and misappropriation of resident property during initial orientation. B. Existing staff will receive annual education through planned in-services and as needed. C. Training topics will include: 1. Prohibiting and preventing all forms of abuse, neglect, misappropriation of resident property, and exploitation; 2 Identifying what constitutes abuse, neglect, exploitation, and misappropriation of resident property; 3. Recognizing signs of abuse, neglect, exploitation and misappropriation of resident property, such as physical or psychosocial indicators;4. Reporting process for abuse, neglect exploitation, and misappropriation of resident property, including injuries of unknown sources; 5. Understanding behavioral symptoms of residents that may increase the risk of abuse and neglect such as; a. Aggressive and/or catastrophic reactions of residents; b. Wandering or elopement-type behaviors; c. Resistance to care; d. Outbursts or yelling out; and e. Difficulty in adjusting to new routines or staff. Prevention of Abuse, Neglect and Exploitation. The facility will implement policies and procedures to prevent and prohibit all types of abuse, neglect, misappropriation of resident property, and exploitation that achieves: A. Establishing a safe environment that supports, to the extent possible, a resident's consensual sexual relationship and by establishing policies and protocols for preventing sexual abuse. This may include identifying when, how, and by whom determinations of capacity to consent to a sexual contact will be made and where this documentation will be recorded; and the resident's right to establish a relationship with another individual, which may include the development of or the presence of an ongoing sexually intimate relationship; B. Identifying, correcting and intervening in situations in which abuse, neglect, exploitation, and/or misappropriation of resident property is more likely to occur with the deployment of trained and qualified, registered, licensed, and certified staff on each shift in sufficient numbers to meet the needs of the residents, and assure that the staff assigned have knowledge of the individual residents' care needs and behavioral symptoms.
3.1-27(a)(1)