Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interviews and record review, the facility failed to protect the resident's (R1) right to be free from mental and physical abuse by facility staff. This citation pertains to intake number 2672519.Findings Included:Per the facility face sheet Resident #1 (R1) was a [AGE] year-old female with diagnoses of cognitive communication deficit, dementia, muscle weakness, and need for assistance with personal care.Review of R1 Minimum Data Set, dated [DATE], revealed R1 had a Brief Assessment of Mental Status or BIMS score of nine out of 15 which indicated R1 had a moderate impairment with her cognition. The MDS also revealed R1 was on a scheduled pain medication but did not routinely have pain.Review of an incident report dated 11/7/2025, revealed R1 was noted to have, New areas of dark discoloration measuring 6.0 X 4.5cm (centimeters) was observed on Right wrist/thumb area and 7.0cm X 5.0cm to dorsum (back of hand) of her left hand, There is also a bleeding skin tear measuring 0.5cm X 0.5cm within the discoloration of her left hand. Resident (R1) was noted to be distressed and agitated.The incident report further revealed, Resident stated, two girls came in and beat me up. The incident report revealed under, Injuries Observed at Time of Incident that on the back of R1's right and left hand was bruising and additionally on the back of the left hand was a skin tear. The incident report revealed R1 had a pain score of seven out of 10. The report also indicated R1 was noted to have emotional distress immediately following care that was provided.Further review of the incident report revealed the bruising measurements were, Right had wrist thumb area bruising 6cm X 4.5cm and 1.0cm X 1.5 cm bruising at right wrist. Left back of hand 7.0cm X 5.0cm X bruising with a 0.5cm X 0.5cm skin tear in the bruised area. The incident report revealed R1 presented with agitation and appeared to be angry. The report revealed R1 continued to repeat those girls whooped on me and was expressing discomfort to both of her hands. Review of the facility's five-day investigation dated 11/17/2025, revealed that Director of Nursing DON B interviewed Certified Nurse Aid (CNA) D. CNA D reported to DON B that R1 told her that her legs were painful while she was assisting her with getting her pants on. CNA D told DON B that R1 was fine until she assisted R1 to sit up at the side of the bed, and it was then that R1 became distressed and started to repeat that CNA D was hurting her; then hit CNA D on the shoulder. The investigation further revealed that CNA L reported that she heard R1 yelling from the hall, so she went into R1's room and told CNA D to go get the nurse. CNA L also reported that when she entered R1's room R1 was sitting at the side of her bed, and she noted that R1's hands were discolored, and a skin tear was also present. CNA L indicated to DON B that R1 wanted to lie back so she assisted R1 with lying back down and provided incontinence care for R1. CNA L reported to DON B that R1 continued to yell out while she provided the incontinence care, telling CNA L that she was hurting her. Registered Nurse (RN) G reported to DON B in a statement that upon her entering R1's room R1 was noted to be in distress and alleging that those girls were beating her up. Review of R1's Physician's orders dated 11/7/2025, revealed an order to, Observe Bruising on bilateral wrists and hands. Observe skin tear on back of left hand keep clean and dry. and Document every shift in Progress Notes any findings or residents' mood and behaviors.Record review of R1's care plans revealed a Focus that was in place titled I am at risk for pain r/t (related to) osteoarthritis. Date Initiated: 01/19/2021 Interventions included: Observe for probable cause(s) of each pain episode. Remove or limit causes where possible ., date Initiated: 01/19/2021.Review of the Facility Investigation Report (FRI) dated 11/7/2025, revealed CNA L reported that R1 was yelling out that she was hurting when she was providing care to her, and was asking CNA L to leave her room, but CNA L did not leave R1's room, continued to provide care to R1,and did not stop what she was doing because CNA L perceived R1 needed the care as she was incontinent of her bladder. The incident report revealed that R1's Durable Power of Attorney (DPOA) was contacted by the facility, and the DPOA stated that she had been at the facility the evening prior to the incident, 11/6/2025. The DPOA was documented to have stated that R1 did not have any injuries to her hands. Further review of the incident report revealed R1's DPOA then went to the facility to see R1's hands and confirmed that the discoloration or bruising was not present during her prior visit on 11/6/2025. The facility reported incident also revealed that the facility Social Worker performed an interview with R1, and R1 showed the Social Worker the bruise on her left wrist and said, This hurts, Them girls did this to me. The Social Worker further documented that R1's sister arrived to see her and R1 told her sister that, The girls did this. They pinched me, I guess.Review of a progress note dated 11/17/2025 (10 days after the incident), revealed R1 was assessed for psychosocial status, and was asked about the bruising to her hands in which R1 stated, Oh it was those girls, and they laughed at me when they did it.Review of an Employee Warning Record dated 11/11/2025 revealed CNA D was discharged from her employment at the facility for reasons of, during providing care R1 became distressed, yelling out repeatedly that CNA D was hurting her. R1 continued to be in distress while sitting on the side of the bed and demanding that the police be called, alleging that those girls were beating her up. Upon DON B assessing R1's hands it was noted that R1 had dark discoloration to both of her hands that appeared to be fresh bruising and had a skin tear to her left hand which was actively bleeding. It was documented that R1 stated that her hands were painful and when asked what happened R1 was documented to have stated, those girls were whooping on me.Review of an Employee Warning Record dated 11/11/2025 revealed CNA L was discharged from her employment at the facility for reasons of, during providing care R1 became distressed, yelling out repeatedly that CNA C was hurting her. R1 continued to be distressed while sitting on the side of the bed and demanding that the police be called. alleging that those girls were beating her up. Upon DON B assessing R1's hands it was noted that R1 had dark discoloration to both of her hands that appeared to be fresh bruising and had a skin tear to her left hand which was actively bleeding. It was documented that R1stated that her hands were painful and when asked what happened R1 was documented to have stated, those girls were whooping on me.Review of R1's progress notes dated 11/7/2025 revealed, Licensed Practical Nurse (LPN) H made a note that revealed, at approximately 8:00 AM on 11/7/2025 he entered R1's room and found R1 to be yelling get out and leave me alone, and R1 stated that Two girls were beating her up and hurting her. The noted further revealed that R1 made the statement that the two girls were grabbing her arms and twisting them The note revealed R1 held her hands up and indicated her hands were painful, and LPN H observed discoloration to the left hand that measured 7.0 cm X 5.0 cm with a skin tear in the center measuring 0.5 cm Z 0.5 cm with active bleeding. It was also documented that R1's right hand was also discolored from her thumb to her outer wrist that measured 6.0 cm X 4.5 cm. The note revealed R1 stated she wanted to go back to sleep and to not let those girls back into her room.Review of a progress note dated 11/7/2025 at 11:00 AM revealed, Mood changes (different from baseline): Describe before vs (versus) after allegation and f/u (follow-up) done: Resident (R1) presented with agitation and appeared to be angry. She continued to repeat that those girls whooped on me.Observation of a picture of both of R1's hands revealed on the back of her right hand a very dark large bruise that extended from the base of her thumb to just below her wrist, and on the back of R1's left hand a large dark bruise was observed that extended from just before the thumb to the middle of R1's hand and another bruised area that was over R1's top of her wrist.Review of CNA L's written statement dated 11/7/2025, revealed CNA L entered R1's room upon hearing R1 yelling out, and when CNA L entered she noted a skin tear, and R1's hands were covered in puffy blood like pockets. CNA L's statement revealed R1 wanted CNA D out of her room and for CNA D to not touch her. CNA L's statement revealed R1 was yelling out in pain, and CNA L documented that she had never seen R1 in so much pain and distress before.In an observation on 11/20/2025 at 4:00 PM, R1's hands were noted to have faint blue areas on both hands that resembled fading bruising.In an interview on 11/20/2025 at 4:06 PM, Registered Nurse (RN) I stated that she worked with R1 until 11:00 PM on 11/6/2025, and then on 11/7/2025 she was asked by management at 8:30 AM if she had noticed any bruising on R1 hands. RN I said she reported no. RN I said the interview was via phone call and that was her day off, but she decide to go to the facility to see R1's hands for herself, and upon observation of R1's hands RN I stated the bruising was very obvious and there was no way that she would have missed the bruising when she cared for R1 on 11/6/2025 if it was present. RN I said there was also a skin tear, and when she asked R1 what happened R1 stated that girls grabbed her, but did not say who those girls were, but R1 did indicate it was the girls (CNA L & D) from that morning (11/7/2025). In an interview on 11/24/2025 at 9:44 AM, Certified Nurse Aid (CNA) J stated he worked from 7:00 AM to 11:00 PM on 11/6/2025 and did not see a skin tear nor bruising to R1's right or left hand. CNA J said that he arrived for work on 11/7/2025 at 11:00 AM, and that was when he noticed the bruising on R1's hands. CNA J described the bruising as dark on R1's right and left hands with one of the bruises extending from her thumb to her wrist area. CNA J said he could not recall which hand had which bruise or the skin tear. CNA J said he had walked up to R1 while she was in the dining room, and the bruising was the first thing he noticed which caused him to be surprised. CNA J said he had never seen R1's hands that bruised. During interview CNA J stated that R1 is not combative when care is provided for her and said it would take a lot to make R1 upset.In an interview on 11/24/2025 at 10:32 AM, LPN H, who was the Nurse Manager of the Special Care unit, stated that about 8:00 AM he went to R1's room, and R1 was screaming and being difficult. LPN H said R1 she was screaming and being difficult when he walked into the room and R1 was saying get them out of here, get those two girls out of here. LPN H said R1 had held her hands up and on the back of her left-hand there was actual bruising, and a skin tear. LPN H said on the back of R1's right hand below the thumb and down her wrist and arm there was bruising that was dark purple. LPN H said R1 stated that those two girls were beating her up.During the interview LPN H stated that CNA L and CNA D were asked by R1 to get out of her room and leave her alone but stated CNA L and CNA D did not stop and did not leave R1 alone as R1 requested. LPN H said CNA L did not stop because R1 was wet and she needed to change R1's brief even know R1 told CNA L to get out and leave her alone.In an interview on 11/24/2025 at 10:57 AM, CNA K stated that she had worked the previous day, 11/6/2025, from 7:00 AM to 7:00 PM. CNA K said she received a phone call regarding the bruising on R1's hands, but stated the bruising was not present on 11/6/2025 when she worked. CNA K said when she returned to work on 11/8/2025 at 7:00 AM, she then saw R1 did have a skin tear to her left hand along with bruising on R1's wrist and down her wrist, and stated that R1's right hand had a bruise that CA K stated resembled a palm print, and also had a skin tear. CNA K said the bruises were a dark purple, and it was painful to R1 to touch them. CNA K said it is not R1's nature to be combative when care is being provided and said R1 complies with everything that is asked of her. In an interview on 11/24/2025 at 11:35 AM, LPN G stated that CNA D had approached her and told her she was having problems getting R1 out of bed and told me she had bruising. LPN G said R1 stated that the girls beat her, and she wanted the police. LPN G said CNA D was providing care but R1 would not let her, so CNA L said she would take over. LPN G said R1 had a skin tear on the back of one of her hands that was actively bleeding and black, blue, and purple bruising all on the very top of both hands. Despite the residents request to notify the police, the facility did not notify law enforcement of the incident against R1. In an interview on 11/24/2025 at 11:57 AM Director of Nursing (DON) B stated she received a phone call after 8:00 AM to go upstairs to look at R1's hands, and upon entering R1's room she found R1 agitated and upset. DON B said R1 showed her hands to her, and what DON B stated she saw was dark discoloration with a skin tear on the left hand that was actively bleeding. DON B said R1 told her That those girls whipped me but did not say who the girls were. DON B said she asked CNA L and D what happened, and CNA D said she went to get R1 up and when she assisted R1 to a sitting position on the edge of bed that was when R1 got upset. DON B said CNA L then entered R1's room and laid her back down. DON B said CNA L noted that R1 needed a brief change however, R1 told CNA L to stop (changing her brief) because she was hurting her. DON B said CNA L did not stop when she was asked by R1 to stop.Upon concluding the interview DON B stated that she immediately suspended CNA L and D, because the facility could not disprove either CNA L or D harmed R1 including the fact that CNA L did not respect R1's rights to have the care being provided to stop upon R1's request. In an interview on 11/20/2025 at 1:21 PM, CNA L gave a statement of what she stated happened. CNA L stated it was in the morning time when she heard R1's room call light go off so she stated that she responded to the call light and upon approaching R1's room door she heard R1 screaming. CNA L said CNA D was attempting to get R1 dressed all while R1 was screaming CNA D was hurting her. CNA L said R1 said she was not ok because CNA D was hurting her. CNA L said she asked CNA D to go get the nurse, and while that was happening, she asked R1 how she could help her and R1 said she wanted to get back in bed. R1 said upon assisting R1 to lay back down in bed, R1 started screaming it hurt. CNA L said R1 was soaking wet and said she told R1 that she needed to have her brief changed and said as soon as she started rolling R1 over R1 started yelling out in pain again. However, CNA C said she went ahead and changed R1's brief anyway because R1 was already rolled over in the bed. CNA L said she cleaned R1 up, and then rolled her back over. CNA L said that was when R1 yelled that she wanted me out of her room, and that she wanted the police called. CNA L said she originally went into R1's room to see if she could calm R1 down, and once she was able to get R1 safe and back in bed she continued to place a new brief on R1 and roll her back over. CNA L said even though R1 had asked her to stop once she had R1 rolled over, she continued to conduct the care because R1 was already turned over.CNA L further stated that R1 said that she and CNA D had abused her, and because the facility investigation revealed abuse, she was terminated for abusing R1. In an interview on 11/20/2025 at 2:24 PM, CNA D gave a statement of what she stated happened. CNA D stated that she went into R1's room to get her ready, and while providing care R1 yelling out that I hurt her hands. CNA D denied she ever touched R1's hands. CNA D said she had never seen R1 act that way before. CNA D said CNA L came in R1's room to assist her and said she handed the wash clothes and brief to CNA L along with a Kleenex, because R1 had a skin tear on her hand. CNA D said she went to the nurse and told the nurse what was happening and reported the discoloration on R1's hands. Then stated she went back to R1's room, and noted CNA L had turned R1 onto her side, and R1 was yelling get out, get out, you are hurting me. CNA D said R1 wanted CNA L out of her room, and wanted the police called. Review of CNA D's education revealed that on 3/23/2025 CNA D had received training on abuse prevention and the Elder Justice Act including dementia training on 7/26/2025.Review of CNA L's education revealed she was educated on preventing, recognizing, and reporting abuse on 1/21/2024, and abuse prevention and the Elder Justice Act on 7/24/2023, including dementia training on 4/29/2024. Further review of CNA L's employee file revealed email documentation that a resident was standing next to her bed raising her voice. Another staff member entered the room and asked if everything was alright in which CNA L stated yes but the resident stated no, she (CNA L) keeps pushing me and pulling on my arms telling me to lay down. The facility investigation revealed that the facility was able to substantiate the allegations of abuse against CNA L and D, and that CNA L and D's actions caused and/or contributed to the emotional distress and physical injuries R1 sustained on 11/7/2025. The 5-day revealed CNA L and CNA D were both terminated from their employment at the facility on 11/11/2025.