Finding Description
Based on interviews, record review, facility policy review, and facility investigation review, the facility failed to develop and implement a comprehensive care plan related to sexually inappropriate behaviors for one (1) of four (4) sampled residents. Resident #1On 12/17/25 at 11:26 AM, Resident #1 (male) inappropriately touched the breast of Resident #2 (female) in the day room. After staff were notified, Resident #1 was taken to his room and left unsupervised. At approximately 11:32 AM, Resident #1 was assisted back to the day room by a staff member who was unaware of the incident. On 12/17/25 at 11:49 AM, Resident #1 inappropriately touched the breast of Resident #3 (female). The facility was aware prior to these incidents that Resident #1 had a history of sexually inappropriate behaviors, including sexual comments toward staff on 12/12/25, yet failed to implement immediate supervision or restrictions to protect other residents.The facility's failure to develop and implement a comprehensive care plan resulted in Resident #2 and Resident #3 experiencing non-consensual sexual contact and placed other vulnerable female residents at risk for serious injury, serious harm, serious impairment, or death.This situation was determined to be an Immediate Jeopardy (IJ) which began on 12/12/25, when Resident #1 made sexual comments toward facility staff. The State Agency (SA) notified the Administrator of the IJ on 12/23/25 at 9:30 AM and provided an IJ Template.Based on the facility's implementation of corrective actions on 12/19/25, the SA determined the IJ to be Past Non-Compliance (PNC) and the IJ was removed on 12/20/25, prior to the SA's entrance on 12/22/25.Findings include:A review of the facility's Develop/Implement Comprehensive Care Plan policy, dated September 2022, revealed, .The facility will develop and implement a comprehensive person-centered care plan for each resident consistent with the resident rights and that includes measurable objectives and timeframes to meet the resident's medical, nursing, and mental and psychosocial needs.1. The services that are to be furnished to attain or maintain the resident's highest practicable physical, mental, and psychosocial well-being as required.A record review of the Facility Reported incident Initial Report dated 12/17/25, revealed an Allegation Type of Sexual Abuse. The initial report indicated that on 12/17/25 at 11:26 AM, Resident #1 inappropriately touched Resident #2 on her breast while in the Day Room. The event was witnessed by the facility's Janitor. The janitor separated the residents and notified Licensed Practical Nurse (LPN) #1, who took Resident #1 to his room and immediately went to the Director of Nursing (DON) office to notify her of the incident. While LPN #1 was walking to the DON's office, Resident #1 was attempting to come out of his room. Certified Nursing Assistant (CNA) #1, who had no knowledge of the incident and was not his assigned CNA, assisted him out of his room and back to the dayroom. At 11:49 AM, Resident #1 inappropriately touched Resident #3 on her breast. CNA #2 witnessed the incident and immediately separated the residents. The resident was immediately placed on one on one (1:1) observation.Resident #1A record review of the admission Record revealed the facility admitted Resident #1 on 4/26/2023 with current diagnoses including Cerebral Infarction.A record review of the Quarterly Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 12/1/25 revealed Resident #1 had a Brief Interview for Mental Status score of 6, which indicated his cognition was severely impaired.A record review of the Care Plan Report for Resident #1 revealed a focus area titled Quality of Life, which included the statement, I see a mental health specialist. Further review revealed there were no individualized or specific care plan interventions, monitoring instructions, or staff guidance addressing Resident #1's documented sexually inappropriate behaviors.A record review of the Behavior Reporting Form revealed that on 12/12/25 at approximately 12:00 PM in the facility's hallway, Resident #1 asked employee to see her breasts and documented that Resident stopped employee in the hallway and asked to see her breasts. Employee educated Resident on inappropriateness of request and instructed to not ask that. Resident showed understanding by nodding.A record review of the Psych Progress Note, dated 12/15/25 revealed Resident #1 had Presenting Symptoms including Inappropriate Behavior. The Mental Stus Exam included .Comprehension: Difficulty with recall, unable to remember current events.Executive Function: Moderate impairment.impaired decision making.Judgement: Poor Ability to Plan, Poor Social Cognitions, Poor Memory.Thought Process: Confused/Slowed, slowed processing/intermittent confusion. The Case Conceptualization documentation included .He has some increased inappropriate behaviors (sexually impulsive). Discuss this with resident and he states, 'I only do that with people I'm comfortable with.' Discuss inappropriateness of behavior and resident v/u (verbalized understanding).Resident #2A record review of the admission Record revealed the facility admitted Resident #2 on 1/31/24 with diagnoses including Classical Phenylketonuria.A record review of the Comprehensive MDS with an ARD of 12/3/25 revealed Resident #2 required a Staff Assessment for Mental Status and that her cognitive skills for daily decision making was severely impaired.A record review of the Progress Notes, dated 12/17/2, revealed, DON notified nurse that male resident was observed making physical contact with resident's breast.Staff intervened and separated residents.Resident #3A record review of the admission Record revealed the facility admitted Resident #3 on 9/15/23 and she had diagnoses including Cerebral Infarction.A record review of the Quarterly MDS with an ARD of 10/3/25 revealed Resident #3 required a Staff Assessment for Mental Status that revealed her cognitive skills for daily decision making was severely impaired.A record review of the Progress Notes, dated 12/17/25, revealed, Resident was sitting in her wheelchair in the day room when a male resident rolled his wheelchair beside her. The male resident inappropriately touched her right breast. A CNA witnessed the incident and immediately separated the male resident from her.On 12/22/25 at 1:32 PM, during an interview with the Administrator, she explained Resident #1 had a known history of sexually inappropriate verbal behaviors toward staff, including making sexual comments and attempting to grab staff members' buttocks, as well as a prior incident approximately one (1) year earlier in which the resident pulled down his pants and exposed himself in the day room. She stated that she had completed a behavior report regarding sexually inappropriate comments by Resident #1 on 12/12/25, five (5) days prior to the incidents and submitted it to psychiatric services. She stated that on that date, Resident #1 stopped her in the hallway and asked her to show him her breasts and then asked if he could see the breasts of another CNA who was nearby. She confirmed that psychiatric services evaluated Resident #1 on 12/15/25 related to these inappropriate verbal behaviors. On 12/22/25 at 3:30 PM, during an interview with Registered Nurse (RN) #2, the care plan nurse, she explained that resident care plans are updated either by floor nursing staff or by the two designated care plan nurses when new orders are received. She stated that new orders are written in red ink to identify changes and are incorporated into the care plan, which is formally reviewed and updated every three (3) months. She explained that the care plan guides staff in providing appropriate care to residents.On 12/23/25 at 1:32 PM, during a follow-up interview with the Administrator, she confirmed that Resident #1's care plan was not updated until 12/17/25 although inappropriate behaviors were identified on 12/12/25. The facility submitted a corrective action plan as follows:1. Overview of the Issuea. The facility failed to protect residents from abuse and develop and implement effective care plan interventions for Resident #1 related to known sexually inappropriate behaviors (comments). On 12/12/2025, the facility identified escalating sexually inappropriate behaviors (comments) by Resident #1. However, the facility failed to develop a care plan related to supervision and behavioral interventions prior to 12/17/2025, when Resident #1 inappropriately touched Resident #2 and Resident #3.Resident #1 was viewed inappropriately touching Resident #2 in the breast area by, Housekeeper #1. He pulled Resident #1 away from Resident #2 alerting LPN (Licensed Practical Nurse) #1. LPN #1, took Resident #1 to his room to separate them and went to report the incident to DON (Director of Nursing) and ADON (Assistant Director). While the reporting to the DON and ADON was occurring, SNA (Student Nursing Assistant) #1, unaware of the incident, brought Resident #1 back to the day room, where he inappropriately touched Resident #3 in the breast area. LPN #1 failed to implement and communicate 1-1 supervision immediately thus not protecting Resident #3 from abuse.b. The SA handed the facility the IJ template on 12/23/2025 at 9:30 AM.2. Corrective Actiona. On 12/17/2025, a QA (Quality Assurance) meeting was held. Abuse Policy and Care plan policies were reviewed. All disciplines attended. No changes were needed.b. On 12/17/2025, 1-1 observation was started by the DON and ADON when the incident was reported to them. This will be assigned to the scheduled Certified Nursing Assistant (CNA).c. On 12/17/2025, 12/18/2025, and 12/19/2025 In-services were conducted on Abuse and Identifying Sexual Abuse and Capacity to Consent by Staff Development Nurse and the Administrator. All staff received training regarding that if staff witnesses abuse, the one who perpetrates or initiates abusive behavior cannot remain in contact with other residents. Take them with you to a supervisor or another employee must remain with them until a decision is made as to what needs to be done. No staff were allowed to work until in-serviced.d. LPN #1 was disciplined and educated on 1-1 supervision when there is an abuse allegation on 12/17/2025.e. CNA #1, was educated on proper undergarment placement for Resident #2 on 12/18/2025.f. Care Plans were updated on 12/17/2025 for all Residents involved and reviewed all residents with behaviors and their care plans.g. On 12/17/2025, body audits were conducted on Resident #2 and Resident#3.h. On 12/17/2025, hourly checks were initiated on Resident #2 and Resident #3.i. On 12/17/2025, Referrals were sent out to multiple Geri-psych units and other facilities for Resident #1.3. Monitoringa. On 12/17/2025, 1-1 observation of Resident #1 will be assigned to the scheduled Certified Nursing Assistant (CNA). Post Event Hourly Monitoring Form will be used.b. Review Care Plans on Residents with behaviors weekly for 4 weeks, monthly for 3 months, and then quarterly. Social Services Director and Care Plan Nurse will be responsible for reviewing and addressing in QA.The Facility alleges all actions were completed to remove the IJ on 12/19/2025. The Immediate Jeopardy was removed on 12/20/2025, prior to the State Agency's entrance on 12/22/2025.Validation: The SA validated on 12/23/25, through interview and record review, that all corrective actions had been implemented as of 12/19/25, and the facility was in compliance on 12/20/25, prior to the SA's entrance on 12/22/25.