Finding Description
Based on interview, record review, document review, and facility policy review, the facility failed to protect the residents' rights to be free from verbal abuse perpetrated by staff. This deficient practice affected 2 (Resident #3 and Resident #5) of 18 sampled residents.
Findings included:
A facility policy titled, Abuse Policy, revised 02/06/2025, indicated, It is the policy of [facility name] to: Maintain a ZERO tolerance of ANY form of abuse or neglect of a resident. The policy specified, Verbal Abuse - The use of oral, written or gestured language that willfully includes disparaging and derogatory terms to residents or their families, or within their hearing distance, regardless of their age, ability to comprehend or disability.
1. An admission Record indicated the facility admitted Resident #3 on 05/12/2022. According to the admission Record, the resident had a medical history that included diagnoses of pulmonary embolism, cognitive communication deficit, hypertension, and history of falling.
The quarterly Minimum Data Set (MDS), with an Assessment Reference Date (ARD) of 12/08/2023, indicated Resident #3 had a Brief Interview for Mental Status (BIMS) score of 15, which indicated the resident had intact cognition.
The facility investigation revealed Staff #25, a registered nurse (RN) unit manager (UM) met with the resident who reported that Staff #110, told them [expletive word] off, just [expletive word] off when they requested assistance. Per the investigation, the resident reported the incident took place a couple of week ago. The investigation revealed that when the resident asked Staff #110 to repeat the statement made, Staff #110 repeated the statement. The investigation indicated Staff #25 reported the incident to administration and an investigation was initiated. According to the investigation, Resident #3's roommate, Resident #14, was interviewed and confirmed that they heard the statement [expletive word] off repeated a couple of times. Resident #14 described the incident as two people that lost their temper. Resident #14 identified Staff #110 as the person who made the statement. According to Resident #14, Resident #3 always tried to joke with the staff and made inappropriate comments to the staff. The investigation indicated Staff #110 refused to engage with the facility to investigate the allegation and was terminated. Per the investigation, other residents were interviewed, and no one voiced any concerns, in-service education was completed with current staff, the police were notified, and the allegation was verified by evidence collected during the investigation.
In an interview on 02/19/2025 at 11:11 AM, Resident #3 stated they pressed their call light and when Staff #110 came in, he stated he had another person in the air and [expletive word] off. Resident #3 stated they were told Staff #110 no longer worked at the facility. Resident #3 stated they reported the incident, it was taken care of, and they were protected. Resident #3 stated they recalled speaking to the police about the incident on the date they reported it. Resident #3 stated they were not afraid of Staff #110. Resident #3 reported they have had no other issues and was treated well at the facility.
In an interview on 02/19/2025 at 12:02 PM, Resident #14 stated they did not remember when the incident occurred, but they did hear a staff person curse at their roommate. Resident #14 stated they felt safe at the facility, and no one had mistreated them. According to Resident #14, the facility did not tolerate mistreatment of residents. The quarterly MDS, with an ARD of 12/12/2024, indicated Resident #14 had a BIMS score of 15, which indicated the resident had intact cognition.
In an interview on 02/19/2025 at 12:35 PM, Staff #25, the RN UM stated in 02/2024, Resident #3 stated they pressed their call light for assistance and Staff #110 responded. Per Staff #25, there was an exchange of words between the resident and Staff #110, which was witnessed by Resident #3's roommate, Resident #14. Per Staff #25, Resident #14 reported they witnessed the staff be verbally abusive to Resident #3. Staff #25 stated they reported the allegation of verbal abuse to the social worker, Director of Nursing (DON) and Administrator, who started the investigation.
In an interview on 02/19/2025 at 1:06 PM, the Director of Social Services stated the allegation of verbal abuse reported by Resident #3 was confirmed due to the incident being witnessed by the resident's roommate, Resident #14, and Staff #110's lack of cooperation with the investigation.
In an interview on 02/19/2025 at 2:00 PM, the DON stated Resident #3 reported an exchange of words with Staff #110. According to the DON, Resident #3 stated that Staff #110 told them to [expletive word] off. The DON stated the incident was witnessed by Resident #3's roommate, Resident #14. The DON stated this was verbal abuse. Per the DON, Staff #110 would not respond or cooperate with the investigation and was reported to the board of nursing. The DON stated the facility substantiated the allegation did occur based on the fact Staff #110 did not cooperate and statements made by the resident and their roommate.
2. An admission Record indicated the facility admitted Resident #5 on 04/06/2022. According to the admission Record, the resident had a medical history that included diagnoses of multiple sclerosis and spinal stenosis.
An annual Minimum Data Set (MDS), with an Assessment Reference Date (ARD) of 04/10/2024, indicated Resident #5 had a Brief Interview for Mental Status (BIMS) score of 15, which indicated the resident had intact cognition.
The facility investigation revealed on 04/22/2024 at 8:40 AM, Resident #5 reported to the social worker that they requested to have one of their privacy curtains in their room changed because it was too short on 04/19/2024. Per the investigation, a staff member changed the privacy curtain to the correct length later in the afternoon on 04/19/2024. According to the resident, Resident #5 reported Staff #111 came to the room later while they sat in the doorway of their room with Resident #13 and as Staff #111 walked by, he told the resident I ought to knock you out of your chair. The investigation indicated on 04/22/2024 at 9:30 AM, the Director of Nursing (DON) spoke with Resident #13, who stated they overheard the conversation between Resident #5 and Staff #111. Per Resident #13, as they sat in the doorway with Resident #5, Staff #111 commented about how the privacy curtain was done wrong and as Staff #111 left, Resident #13 heard Staff #111 say you're lucky I don't push you out of the wheelchair or you are lucky I don't get you out of that chair. Resident #13 reported they were not sure of Staff #111's exact words, but was shocked to have heard it. Per Resident #13, they told Resident #5 to report the incident to facility on 04/22/2024 if it still bothered them. According to the investigation, on 04/22/2024 at 9:00 AM, Staff #111 was interviewed by their manager and human resources and denied making any negative comment towards the resident. The investigation indicated Staff #111 was reassigned to a different location pending the outcome of the investigation. Per the investigation, the facility notified the Medical Director, Ombudsman and police, other residents who resided on the unit were interviewed and did not report any concerns. The investigation revealed the allegation reported by the resident was verified by evidence collected during the investigation and Staff #111's employment with the facility was terminated.
In an interview on 02/18/2025 at 1:18 PM, Resident #13 stated Staff #111 told Resident #5, You're lucky I don't push you out of the wheelchair. Resident #13 stated they thought Staff #111 was kidding, but he was not. Resident #13 stated Staff #111 no longer worked at the facility as he was fired. According to Resident #13, no one else had done or said anything like that and the residents were treated great. Per Resident #13, the statement made by Staff #111 was not called for. An annual MDS, with an ARD of 12/06/2024, indicated Resident #13 had a BIMS score of 15, which indicated the resident had intact cognition.
In an interview on 02/18/2025 at 1:24 PM, Resident #5 stated the staff were good to them and they had no complaints. Resident #5 stated their privacy curtain was too short and they requested a new one. Per Resident #5, Staff #111 came into the room after the new privacy curtain was hung, looked at it, and when he left, he stated that he was going to knock the resident out of their chair. Resident #5 there was a witness who heard what Staff #111 said. Resident #5 stated they did not report the incident right away and during the investigation, facility staff told them they should report incident immediately. Resident #5 stated the incident with Staff #111 was the only time something of that nature occurred.
In an interview on 02/19/2025 at 1:06 PM, the Director of Social Services stated the facility confirmed the allegation reported by Resident #5 based on the statement made by the resident, Resident #13 and Staff #111's lack of cooperation during the investigation.
In an interview on 02/19/2025 at 2:00 PM, the DON stated the allegation reported by Resident #5 was confirmed by Resident #13, who witnessed/overheard the statement made by Staff #111. The DON stated this was verbal abuse and Staff #111 was terminated.
In an interview on 02/20/2025 at 12:20 PM, the Administrator the allegation reported by Resident #5 was confirmed as verbal abuse.