Finding Description
Based on an anonymous complaint, reviews of closed medical records and pertinent administrative policies and records, and staff interview, it was determined that facility administrative staff failed to investigate an allegation of resident to resident sexual abuse when it was reported by staff members. This was evident for 1 (Resident #911) of 6 complaints reviewed during an annual recertification survey.
The findings include:
Review of anonymous complaint MD00194310 on 01/21/2025 at 1 PM, revealed an allegation that Resident #913 was observed sexually assaulting Resident #911's on or around July 12, 2023. The anonymous complaint also listed allegations that included: the facility administration requiring the licensed nurse to take back their nursing documentation about the incident and the facility did not report the allegation of resident-to-resident sexual abuse to the State Survey Agency.
In an interview with the facility Director of Social Work on 01/21/25 at 3:55 PM, the Director of Social Work was asked if there ever was an allegation of sexual abuse regarding Resident #913. The Director of Social Work stated yes. The Director of Social Work then stated that a GNA reported an allegation of sexual abuse regarding Resident's #913 and #911. The Director of Social Work reported that the GNA #1 stated that she/he observed Resident #913 with his/her hands inside Resident #911's brief touching Resident #911's Genitals. The Social Work Director stated that she/he had not heard of this occurring in the past. The Director of Social Work stated she/he informed the facility Administrator and the Director of Nurses right away on the day the allegation was reported to him/her. The Director of Social Work stated that he/she and the other facility Social Worker initiated an investigation into the allegation of sexual abuse but could not recall the exact day of the allegation.
In an interview with the facility Administrator on 01/21/25 at 4:35 PM, the nurse surveyor requested the facility investigative documents into the staff witnessed allegation of sexual abuse that allegedly occurred between Residents #911 and #913 on or around July 12, 2023.
In an interview with the facility Administrator, DON, Director of Social Work, and the Corporate Nurse on 01/22/2025 at10:45 AM, the facility Administrator stated a staff nurse documented in Resident #913's medical record an incident between Residents #913 and #911 which occurred on 06/30/23. The time of the note was 3:43 PM. The nursing progress noted the 06/30/23 was Invalid. The facility Administrator stated that the nurse that wrote the progress note can indicate that the progress note is Invalid. The facility Administrator stated that there are no administrative documents or investigative records regarding the alleged resident to resident sexual abuse from 06/30/23. There were no staff or resident witness statements. The local police and the State Survey Agency were not notified either. The facility Administrator and DON stated that the staff were aware of Resident #913's intrusive behaviors through the facility.
In an interview with LPN #3 on 01/22/25 at 2:52 PM, LPN #3 stated that s/he was the nurse who reported the allegation of resident-to-resident sexual abuse to the facility administrative staff on 06/30/23. LPN #3 stated that s/he documented the incident in Resident #913's, alleged perpetrator's, medical record. LPN #3 stated that s/he is not aware of how the 06/30/23, 3:43 PM progress note was labeled Invalid. LPN #3 stated s/he was informed by GNA #1 of the alleged sexual abuse between Residents #911 and #913 on 06/30/23. LPN #3 stated that GNA #1 was a new GNA and was observed in a frantic state and could hardly inform her/him of the witnessed incident. LPN #3 stated that after being informed by GNA #1, LPN #3 went immediately to Resident #911's room and separated Resident #911 and #913. LPN #3 also stated that s/he was not asked to formally write a witness statement or was interviewed by any administrative staff regarding the 06/30/23 alleged resident to resident sexual abuse.
A review of the facility abuse, neglect, exploitation, or mistreatment policy on 01/22/25 revealed that: 1) the facility's leadership ensures that all alleged violations involving abuse, neglect, exploitation or mistreatment, including injuries of unknown source and misappropriation of resident property are reported immediately, 2) the facility's leadership shall report immediately, but not later than 2 hours, after the allegation received of suspected abuse to the State Survey Agency, 3) the facility's leadership will conduct a prompt investigation of any allegation received of suspected abuse and will implement immediate action to safeguard resident, and 4) the facility's leadership will provide notification to the proper authorities.
The findings include:
Review of anonymous complaint MD00194310 on 01/21/2025 at 1 PM, revealed an allegation that Resident #913 was observed sexually assaulting Resident #911's on or around July 12, 2023. The anonymous complaint also listed allegations that included: the facility administration requiring the licensed nurse to take back their nursing documentation about the incident and the facility did not report the allegation of resident-to-resident sexual abuse to the State Survey Agency.
In an interview with the facility Director of Social Work on 01/21/25 at 3:55 PM, the Director of Social Work was asked if there ever was an allegation of sexual abuse regarding Resident #913. The Director of Social Work stated yes. The Director of Social Work then stated that a GNA reported an allegation of sexual abuse regarding Resident's #913 and #911. The Director of Social Work reported that the GNA #1 stated that she/he observed Resident #913 with his/her hands inside Resident #911's brief touching Resident #911's Genitals. The Social Work Director stated that she/he had not heard of this occurring in the past. The Director of Social Work stated she/he informed the facility Administrator and the Director of Nurses right away on the day the allegation was reported to him/her. The Director of Social Work stated that he/she and the other facility Social Worker initiated an investigation into the allegation of sexual abuse but could not recall the exact day of the allegation.
In an interview with the facility Administrator on 01/21/25 at 4:35 PM, the nurse surveyor requested the facility investigative documents into the staff witnessed allegation of sexual abuse that allegedly occurred between Residents #911 and #913 on or around July 12, 2023.
In an interview with the facility Administrator, DON, Director of Social Work, and the Corporate Nurse on 01/22/2025 at10:45 AM, the facility Administrator stated a staff nurse documented in Resident #913's medical record an incident between Residents #913 and #911 which occurred on 06/30/23. The time of the note was 3:43 PM. The nursing progress noted the 06/30/23 was Invalid. The facility Administrator stated that the nurse that wrote the progress note can indicate that the progress note is Invalid. The facility Administrator stated that there are no administrative documents or investigative records regarding the alleged resident to resident sexual abuse from 06/30/23. There were no staff or resident witness statements. The local police and the State Survey Agency were not notified either. The facility Administrator and DON stated that the staff were aware of Resident #913's intrusive behaviors through the facility.
In an interview with LPN #3 on 01/22/25 at 2:52 PM, LPN #3 stated that s/he was the nurse who reported the allegation of resident-to-resident sexual abuse to the facility administrative staff on 06/30/23. LPN #3 stated that s/he documented the incident in Resident #913's, alleged perpetrator's, medical record. LPN #3 stated that s/he is not aware of how the 06/30/23, 3:43 PM progress note was labeled Invalid. LPN #3 stated s/he was informed by GNA #1 of the alleged sexual abuse between Residents #911 and #913 on 06/30/23. LPN #3 stated that GNA #1 was a new GNA and was observed in a frantic state and could hardly inform her/him of the witnessed incident. LPN #3 stated that after being informed by GNA #1, LPN #3 went immediately to Resident #911's room and separated Resident #911 and #913. LPN #3 also stated that s/he was not asked to formally write a witness statement or was interviewed by any administrative staff regarding the 06/30/23 alleged resident to resident sexual abuse.
A review of the facility abuse, neglect, exploitation, or mistreatment policy on 01/22/25 revealed that: 1) the facility's leadership ensures that all alleged violations involving abuse, neglect, exploitation or mistreatment, including injuries of unknown source and misappropriation of resident property are reported immediately, 2) the facility's leadership shall report immediately, but not later than 2 hours, after the allegation received of suspected abuse to the State Survey Agency, 3) the facility's leadership will conduct a prompt investigation of any allegation received of suspected abuse and will implement immediate action to safeguard resident, and 4) the facility's leadership will provide notification to the proper authorities.