Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews and record review, the facility failed to protect the residents' right to be free from physical abuse for 4 (#1, #2, #3, and #4) of 4 (#1, #2, #3, and #4) sampled residents reviewed for physical abuse.
The facility implemented corrective actions, which were completed prior to the State Agency's investigation, thus it was determined to be a Past Noncompliance citation.
This deficient practice resulted in an actual physical harm on 01/18/2025, when Resident #1, a cognitively intact Resident, punched Resident #2 in his face three times. Resident #1 was diagnosed with Unspecified Fracture of Fifth Metacarpal Bone of his Right Hand on 01/20/2025.
Findings:
Review of the facility's policy dated 02/2025 and titled, Abuse, Neglect, and Exploitation revealed in part, the following:
Definitions:
Physical Abuse-includes, but is not limited to hitting, slapping, punching.
Prevention of Abuse-The facility will implement policies and procedures to prevent and prohibit all types of abuse.
Resident #1
Review of Resident #1's Clinical Record revealed he was admitted to the facility on [DATE] with diagnoses, which included Schizophrenia.
Review of Resident #1's MDS with an ARD of 11/06/2024 revealed a BIMS of 13, which indicated he was cognitively intact.
Resident #2
Review of Resident #2's Clinical Record revealed he was admitted to the facility on [DATE] with diagnoses, which included Cervical Disc Disorder.
Review of Resident #2's MDS with an ARD of 01/07/2025 revealed a BIMS of 15, which indicated he was cognitively intact.
Resident #3
Review of Resident #3's Clinical Record revealed she was admitted to the facility on [DATE] with diagnoses, which included Cognitive Communication Deficit.
Review of Resident #3's MDS with an ARD of 11/13/2024 revealed a BIMS of 13, which indicated she was cognitively intact.
Resident #4
Review of Resident #4's Clinical Record revealed he was admitted to the facility on [DATE] with diagnoses, which included Traumatic Brain Injury and Dementia.
Review of Resident #4's MDS with an ARD of 10/09/2024 revealed a BIMS of 13, which indicated he was cognitively intact.
Review of the facility's Incident Log dated December 2024 through January 2025 revealed the following:
1. A physical aggression incident between Resident #1 and Resident #4 on 12/18/2024.
2. A physical aggression incident between Resident #2 and Resident #3 on 12/24/2024.
3. A physical aggression incident between Resident #1 and Resident #2 on 01/18/2025.
On 02/10/2025, review of the facility's incident report dated 12/18/2024, revealed in part, the following:
Incident Description: Resident #1 went to the nurses' station and stated, I f***ed him up. He stated he was referring to Resident #4. Staff immediately went into the residents' room and found Resident #4 with scratches to his left arm. Resident #1 had a deep laceration between his thumb and pointer finger on his right hand. Resident #1 stated, Everyday he is just sleeping and I'm tired of it.
Immediate Action Taken: Staff assessed both residents and no injuries were noted. The residents were immediately separated and Resident #1 was placed in another room. 1:1 monitoring began on both residents. Monitoring was discontinued when Resident #1 was sent to a behavioral hospital on the morning of 12/19/2024 when the NP, DON, and RP were notified. Resident #4 was treated in-house with antibiotic cream and had no complaints of pain or being fearful of Resident #1.
An interview was conducted on 02/10/2025 at 10:10 a.m., with S5LPN. She stated on 12/18/2024, around midnight, Resident #1 came to the nurses' station and stated, I f***ed him up. She stated Resident #1 stated he was referring to Resident #4. She stated she immediately went into the residents' room and found Resident #4 with scratches to his left arm. She stated Resident #1 had a deep laceration between his thumb and pointer finger on his right hand. She stated Resident #1 stated, Everyday he is just sleeping and I'm tired of it. She stated she assessed both residents. She stated she immediately separated them, and placed Resident #1 in another room. She stated 1:1 monitoring began on both residents on 12/18/2024. She stated Resident #1 was sent to a behavioral hospital on the morning of 12/19/2024 when the NP, DON, and RP were notified. She stated Resident #4 was treated in-house with antibiotic cream and had no complaints of pain or being fearful of Resident #1. She stated after Resident #1 returned to the facility, he had a new diagnosis, a medication was added to his orders, and his care plan was updated. She stated Resident #1 was also placed in a new room. 1:1 monitoring continued for days, and psychiatric staff began to assess him further. She stated all staff felt these changes were effective for Resident #1. She stated she received an in-service and posttest on reporting abuse, types of abuse, and de-escalation on 01/20/2025.
An interview was conducted on 02/10/2025 at 10:30 a.m., with Resident #1. He stated in December 2024, he scratched Resident #4 on his arm several times because he would not stop sleeping all day. He stated Resident #4 then pinched him on his hand.
An interview was conducted on 02/10/2025 at 10:41 a.m., with Resident #4. He stated in December 2024, Resident #1 scratched him on his arm several times. He stated he pinched Resident #1 on his hand.
An interview was conducted on 02/10/2025 at 1:45 p.m., with S1ADM. He stated on 12/18/2024 around midnight, Resident #1 came to the nurses' station and stated, I f***ed him up. He stated Resident #1 stated he was referring to Resident #4. He stated S5LPN immediately went into the residents' room and found Resident #4 with scratches to his left arm. He stated Resident #1 had a deep laceration between his thumb and pointer finger on his right hand. He stated Resident #1 stated, Everyday he is just sleeping and I'm tired of it. He stated S5LPN assessed both residents. He stated S5LPN immediately separated the residents, and placed Resident #1 in another room. He stated 1:1 monitoring began on both residents. He stated Resident #1 was sent to a behavioral hospital on the morning of 12/19/2024 when the NP, DON, and RP were notified. He stated Resident #4 was treated in-house with antibiotic cream and had no complaints of pain or being fearful of Resident #1. He stated after Resident #1 returned to the facility, he had a new diagnosis, a new medication was added to his orders, and his care plan was updated. Resident #1 was also placed in a new room, 1:1 monitoring continued for two days, and psychiatric staff began to assess him further. He stated all staff felt these changes were effective for Resident #1. He stated he received an in-service and posttest on reporting abuse, types of abuse, and de-escalation on 01/20/2025.
On 02/10/2025, review of the facility's incident report dated 12/24/2024, revealed in part, the following:
Incident Description: S3LPN was notified by S6CNA that Resident #2 had slapped Resident #3 in the face.
Immediate Action Taken: Staff assessed both residents and no injuries were noted. The residents were immediately separated. S3LPN notified S8NP and S1ADM of the altercation. 1:1 monitoring began on both residents and was discontinued when Resident #2 was sent to a behavioral hospital on [DATE]. Resident #3 had no complaints of pain or being fearful of Resident #2.
An interview was conducted on 02/10/2025 at 10:37 a.m., with Resident #2. He stated in December 2024, he slapped Resident #3 on the forehead when he wanted to be assisted instead of her.
An interview was conducted on 02/10/2025 at 10:41 a.m., with Resident #3. She stated in December 2024, Resident #2 slapped her on the forehead when she received assistant and not him.
An interview was conducted on 02/10/2025 at 1:45 p.m., with S6CNA. She stated she witnessed the incident which occurred on 12/24/2024 between Resident #2 and Resident #3. She stated on 12/24/2024, Resident #2 slapped Resident #3 on the forehead because Resident #2 wanted the resident who was assisting Resident #3 to assist him instead. She stated she separated both residents and immediately reported the incident to S3LPN. She stated Resident #3 had no complaints of pain or being fearful of Resident #2. She stated she received an in-service and posttest on reporting abuse, types of abuse, and de-escalation on 01/20/2025.
An interview was conducted on 02/10/2025 at 1:55 p.m., with S3LPN. He stated on 12/24/2024, S6CNA notified him of Resident #2 slapping Resident #3 on the forehead. He stated S6CNA immediately separated the residents. He stated he assessed both residents and no injuries were noted. He stated he reported the incident to S8NP and S1ADM who were located nearby. He stated both residents were placed on 1:1 monitoring on 12/24/2024, and monitoring was discontinued when Resident #2 was sent to a behavioral hospital on [DATE]. He stated Resident #3 had no complaints of pain or being fearful of Resident #2. He stated after Resident #2 returned to the facility, he had a new diagnosis, a medication was added to his orders, and his care plan was updated. He stated 1:1 monitoring continued for two days and psychiatric staff began to assess him further. He stated all staff felt these changes were effective for Resident #2. He stated he received an in-service and posttest on reporting abuse, types of abuse, and de-escalation on 01/20/2025.
An interview was conducted on 02/10/2025 at 1:45 p.m., with S1ADM. He stated on 12/24/2024, S3LPN notified him of Resident #2 slapping Resident #3 in the forehead. He stated S6CNA immediately separated the residents. He stated S3LPN assessed both residents and no injuries were noted. He stated both residents were placed on 1:1 monitoring on 12/24/2024, and monitoring was discontinued when Resident #2 was sent to a behavioral hospital on [DATE]. He stated Resident #3 had no complaints of pain or being fearful of Resident #2. He stated after Resident #2 returned to the facility, he had a new diagnosis, a medication was added to his orders, and his care plan was updated. He stated 1:1 monitoring continued for two days and psychiatric staff began to assess him further. He stated all staff felt these changes were effective for Resident #2. He stated he received an in-service and posttest on reporting abuse, types of abuse, and de-escalation on 01/20/2025.
Review of S7CNA's written statement dated 01/18/2025 revealed in part, the following: Resident #2 hit Resident #1 with a reacher tool, and Resident #1 punched Resident #2 in the face. S7CNA immediately reported the altercation to S4LPN.
On 02/10/2025, review of the facility's incident report dated 01/18/2025 revealed in part, the following:
Incident Description: S7CNA reported Resident #1 and Resident #2, were arguing in their room, and Resident #2 hit Resident #1 with a reacher tool.
Immediate Action Taken: Staff assessed both residents and no injuries were noted. The residents were immediately separated. S7CNA notified S4LPN of the altercation. 1:1 monitoring began on both residents. On 01/20/2025, Resident #1 was noted to have swelling of his right hand. Resident #1 had a mobile x-ray completed, which resulted as a 5th Metacarpal Neck Fracture of the Right Hand. Resident #1 was sent to a local hospital on [DATE]. Resident #2 had no complaints of pain or being fearful of Resident #1.
An interview was conducted on 02/10/2025 at 10:30 a.m., with Resident #1. He stated a few weeks ago, he punched Resident #2 on his face a few times. He stated Resident #2 poked him with his reacher tool. He stated he did not have any pain until two days later.
An interview was conducted on 02/10/2025 at 10:37 a.m., with Resident #2. He stated a few weeks ago, he poked Resident #1 with his reacher tool and Resident #1 punched him in the side of his face. He stated S7CNA witnessed this incident.
An interview was conducted on 02/10/2025 at 2:15 p.m., with S7CNA. She stated she witnessed the altercation between Resident #1 and Resident #2 on 01/18/2025. She stated she heard raised voices coming from Resident #1 and Resident #2's room. She stated when she entered the room, Resident #2 was standing at Resident #1's bedside poking him with his reacher tool. She stated Resident #1 then punched Resident #2 three times on the side of his face with a closed fist. She stated she separated them, and notified S4LPN of the altercation immediately on 01/18/2025. She stated her witness statement was completed on 01/18/2025 and placed in the shift report box. She stated both residents had no complaints of pain. She stated Resident #2 denied being fearful of Resident #1. She stated she received an in-service and posttest on reporting abuse, types of abuse, and de-escalation on 01/20/2025. She stated Resident #1 did not exhibit behaviors that would indicate physical altercations from the time of the 12/18/2024 until 01/18/2024. She stated Resident #2 did not exhibit behaviors that would indicate physical altercations from the time of the 12/24/2024 until 01/18/2024.
An interview was conducted on 2/10/2025 at 2:20 p.m., with S4LPN. She stated S7CNA notified her immediately of the incident on 01/18/2025. She stated S7CNA separated the residents. She stated she assessed both residents and no injuries were noted. She stated both residents were placed on 1:1 monitoring on 01/18/2025. She stated on 01/20/2025, Resident #1 was noted to have swelling of his right hand. She stated Resident #1 had a mobile x-ray completed which resulted as a 5th Metacarpal Neck Fracture of the Right Hand. She stated Resident #1 was sent to a local hospital on [DATE]. She stated Resident #2 had no complaints of pain or being fearful of Resident #1. She stated after Resident #2 returned to the facility, 1:1 monitoring continued for two days and psychiatric staff began to assess him further. She stated both residents now attend a day program, attend 1:1 counseling with administrative staff, and both of the residents' care plans were updated. She stated all staff felt these changes were effective for Resident #2. She stated she received an in-service and posttest on reporting abuse, types of abuse, and de-escalation on 01/20/2025. She stated Resident #1 did not exhibit behaviors that would indicate physical altercations from the time of the 12/18/2024 until 01/18/2024. She stated Resident #2 did not exhibit behaviors that would indicate physical altercations from the time of the 12/24/2024 until 01/18/2024.
An interview was conducted on 02/10/2025 at 1:45 p.m., with S1ADM. He stated on 01/20/2025, Resident #1 began to have swelling to his right hand. He stated he was then notified of Resident #1 punching Resident #2 in the face on 01/18/2025 and also received S7CNA's written statement dated 01/18/2025. He stated on 01/18/2025 after the incident, S7CNA immediately separated the residents. He stated S4LPN assessed both residents and no injuries were noted. He stated both residents were placed on 1:1 monitoring on 01/18/2025, until Resident #1 was sent to a local hospital on [DATE] after a mobile x-ray resulted as a 5th Metacarpal Neck Fracture of the Right Hand. He stated Resident #2 had no complaints of pain or being fearful of Resident #1. He stated after Resident #2 returned to the facility, 1:1 monitoring continued for two days and psychiatric staff began to assess him further. He stated both residents now attend a day program, attend 1:1 counseling with administrative staff, and both residents' care plans were updated. He stated all staff felt these changes were effective for Resident #2. He stated he received an in-service and posttest on reporting abuse, types of abuse, and de-escalation on 01/20/2025. He stated monitoring started on 01/20/2025 and will be ongoing weekly until 02/20/2025.
Throughout the survey from 02/10/2025 to 02/11/2025, observations, record review, and staff interviews revealed staff received training on the facility's abuse policies and procedures, de-escalating aggressive behaviors, and the effect of staff approach in relation to resident's behaviors. Interviews revealed staff were knowledgeable of the types of abuse and were aware abuse should be reported to administration immediately.
The facility had implemented the following actions to correct the deficient practice:
1. Corrective actions were accomplished on 01/20/2025 for residents found to be affected by the alleged deficient practice include:
a. Resident #2 was moved to another room. Monitoring tool in place for both residents.
b. Both residents were to behavioral hospital.
c. Both residents continue to be seen by psychiatric, attend the day program, and 1:1 counseling with administrative staff.
2. All residents have the potential to be affected by this alleged deficient practice.
3. The measures put into place to prevent this alleged deficient practice from re-occurring on 01/20/2025:
a. In-service all staff regarding policy and procedure for abuse prevention and prohibition.
b. Residents with a BIMS of 9-15 interviewed by staff to ensure that the resident has not felt abused and that each resident feels safe.
4. Facility will monitor its performance to ensure sustained compliance starting on 01/20/2025 weekly for 4 weeks, by the following:
a. Administrator and or designee will have a return demonstration through questioning staff on the policy and procedure for abuse prevention and prohibition.
b. Administrator and or designee will follow-up in morning meeting for 4 weeks and as needed to ensure a resident has not voiced concerns of potential abuse.
c. Additional in-servicing and/or progressive disciplinary action will occur if further noncompliance is noted.
5. Corrective action will be completed by 01/21/2025.