Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews with residents and staff, review of clinical records, review of facility policy and review of facility documentation, it was determined that the facility failed to ensure that Resident R1 was free from sexual abuse. This failure resulted in an Immediate Jeopardy situation for Resident R1, who was sexually abused by Resident R8 for one of eight residents reviewed. (Resident R1)
Findings Include:
The facility policy titled, Policy: abuse, Neglect, Mistreatment and Misappropriation of Resident Property, and Exploitation revised October 16, 2018, states, It is the policy of the facility that each resident will be free from Abuse. Abuse can include verbal, mental, sexual, or physical abuse, corporal punishment, or involuntary seclusion and the taking of pictures/videos with resident consent. The resident will be free from physical or chemical restraints imposed for purposes of discipline or convenience and that are not required to treat the resident's medication symptoms.
Further, the policy stated, Additionally, resident will be protected from abuse, neglect, and harm while they are residing at the facility. In accordance with the facility's Zero Tolerance, no abuse or harm of any type will be tolerated, and residents and staff will be monitored for protection.
Review of the July 2022, physician orders revealed Resident R1 was admitted to the facility on [DATE], with diagnoses of schizophrenia (a serious mental illness that affects how a person thinks, feels, and behaves), type 2 diabetes mellitus (a condition that happens because of a problem in the way the body regulates and uses sugar as a fuel), hyperlipidemia (the blood has too many lipids (or fats), such as cholesterol and triglycerides), and altered mental status (a change in mental function).
Review of the Resident R1's quarterly Minimum Data Set Assessment (MDS- a periodic assessment of a resident's needs) dated September 13, 2023, indicated that the resident had a BIMS (Brief Interview of Mental Status) of 99, which indicated that the resident was significantly congnitively impaired. The staff interview was completed and the resident was assessed with short and long term memory problems.
Review of Resident R8's September 2023, physician orders revealed Resident R8 was admitted to the facility on [DATE], with diagnoses of dementia with agitation (loss of memory, language, problem-solving and other thinking abilities that are severe enough to interfere with daily life), bi-polar disorder (a mental illness that causes unusual shifts in a person's mood, energy, activity levels, and concentration), schizoaffective disorder (a mental illness that can affect your thoughts, mood and behaviour), schizophrenia ((a serious mental illness that affects how a person thinks, feels, and behaves), violent behavior, and conduct disorder (Aggression toward people and/or animals. Destruction of property. Deceiving, lying or stealing).
Review of Resident R8's admission Minimum Data Set Assessment (MDS- a periodic assessment of a resident's needs) dated September 20, 2023, revealed that Resident R8 had a BIMS (Brief Interview of Mental Status) of 7 revealing that he was severely cognitively impaired.
Review of Resident R8's nursing note from September 21, 2023, revealed, Note Text: Resident offered shower this shift. Resident refused shower at first and spoke inappropriately to aide offering shower. Resident then gathered cloths and toiletries for shower and received a shower.
Review of social service progress note from September 21, 2023, revealed, Note Text: SS//This SW (Social Worker) and DON placed phones call to RP (Responsible Party) to update on status. RP was reassured that all meds are in place and staff will continue to monitor. RP stated she had called resident and spoke with him about his med regimen and facility concerns with his negative behaviors exhibited. RP stated she will continue to keep in close contact with resident to offer him supports and encourage positive interaction and patience with others. She also stated FM (Family Member) will come to visit with their children as able. RP was made aware that facility will keep her updated and facility hopeful resident's behaviors will improve and he can remain to complete his healing/therapy. RP was made aware that if behaviors do not improve she should be prepared to take him home. RP voiced understanding. Staff to offer ongoing supports.
Review of nursing progress note, for Resident R1 on October 3, 2023 reads Note Text: Resident found in her bed in her room with a male resident on top of her. Dr. notified order received to send resident to ER for evaluation Son . notified. Son did not have any questions at this time.
Review of hospital discharge paperwork from October 3, 2023 revealed Patient is a [AGE] year old female Korean speaking only who was found with another member of the facility who was found on top of her and both her and the other individual had their pants off. It is not clear if anything actually occurred. Pt is really not able to give much information. Discharge plan Patient Education: Sexual Assault. Additional instructions: Follow up with PCP. A sane exam was not completed because they did not feel it was warranted. The other patient involved should be tested for STD's, HIV, HEP C.
Review of Resident R1's weekly skin check from October 9, 2023 revealed Resident's bruise top of the pubic area and has rash on groin area and old rash spot on armpit. Applied powder on.
Review of facility grievance form from Resident R9 filed on October 4, 2023, revealed statement of concern: Resident feel threatened, uncomfortable by ongoing graphic sexual remarks made to resident about staff, residents, what he had done with female resident. Resident R8 was trying to get Resident R9 to cut off his wander guard with a butter knife so he can go downstairs and have sex with her again.
Interview with the Director of Nursing, Employee E2 on October 19, 2023, at 9:32 a.m. revealed, On October 3, 2023, I went to go find [Resident R8] to sign a paper and the resident was not in his room. I stated I need to find [Resident R8], asking other staff where he was. At that time I went to find the resident and found [Resident R1's] door closed with the door barricaded shut with furniture. I was able to push the door open and witnessed Resident R8 on top of Resident R1, erect and engaged in sexual intercourse. When I attempted to intervene Resident R8 attempted to hit me and exited the room yelling and screaming.
Interview with Employee E4 on October 19, 2023, at 10:03 a.m. revealed when working with Resident R8 he would make sexual comments and grabbed my neck once. Employee E4 stated she would address by talking to him and trying to redirect him which didn't work. Employee E4 stated Resident R8 would also curse and ask inappropriate questions.
Interview with Licensed nurse, Supervisor, Employee E5 on October 19, 2023, at 10:31 a.m. revealed that she completed Resident R8's admission and stated from the day he came in was agitated, violent verbally and physically towards staff, making inappropriate comments. Interview revealed that the resident was not able to be re-directed easily and would often become more agitated with re-direction stating what are you gonna do about it. Employee E5 stated, He kept saying he was going to f--- people. Employee E5 revealed that Resident R1 had a bruise on her pelvic area after the incident occurred on October 3, 2023.
Interview held with the Director of Nursing, Employee E2 on October 19, 2023, at approximately 12:30 p.m. revealed the facility staff were aware of Resident R8's inappropriate behavior.
Review of facility documentation revealed a witness statement from October 19, 2023, by Employee E4 I was assigned to care for Resident R8 for multiple shifts. Resident R8 was verbally abusive, cursed at staff members often, made sexual advances towards me often, requiring constant redirection. Resident R8 physically put his hands around the back of my neck, making sexual comments. Resident R8 would stare at myself and female staff for long periods of time, making inappropriate comments. Resident did not respond to re-direction.
Review of facility documentation revealed a witness statement from October 19, 2023, by Employee 32 I This therapist treated Resident R8 on multiple occasions. During every treatment, he would make sexual comments and facial gestures stating, I want to lick your p---. I'm really good at licking vaginas, let me love you, etc. Resident R8 not receptive to multiple redirecting. Resident R8 attempted to sneak up on this therapist deliberately when no one was watching and attempted to grab this therapist's wrist while stating inappropriate comments.
Review of facility documentation revealed a witness statement from October 19, 2023, by Employee 21, Resident R8 stated multiple times during therapy sessions, I want to lick your p--- with obscene gestures accompanying this. Resident R8 also bringing up sex or sex related topics- attempted to redirect however unsuccessful with this therapist ending sessions early due to behaviors.
Review of facility documentation revealed a witness statement from October 19, 2023, by physical therapist assistant Employee 33, Treated Resident R8 for PT multiple times, patient difficult to redirect, making comments such as very nice body, makes culo look nice. Resident R8 would often encourage therapist to walk in front of him to stare at therapist's back-side. Resident R8 would constantly ask therapist if they were in a relationship married despite cues of re-direction.
Review of facility documentation revealed a witness statement from October 20, 2023, by physical therapist Employee 32 This therapist received a phone call on October 3, 2023 to translate for Resident R1. This therapist asked Resident R1 what happened in Korean. Resident R1 stated, This guy came into my room and want to have sex with me. This therapist asked Resident R1 if she wanted to have sex with this patient and Resident R1 reported no. Resident R1 then reported she was ok.
Review of Resident R8's entire clinical record, failed to reveal documentation regarding inappropriate sexual behavior and sexual comments made to residents and staff.
The facility failed to ensure that Resident R1 was free from sexual abuse by Resident R8.
Based on the above-mentioned findings, an Immediate Jeopardy to the situation was identified to the Nursing Home Administrator, on October 19, 2023, at 1:38 p.m. for failure to protect a female resident (Resident R1 ) who had a cognitive impairment and a language barrier from sexual abuse from a male resident (Resident R8). It was witnessed that the male resident made unwanted sexual contact on a female resident with a cognition impairment.
The Immediate Jeopardy template was provided to the Nursing Home Administrator on October 19, 2023, at 1:45 p.m. and an Immediate action plan was requested.
On October 19, 2023, at 6:19 p.m. the facility provided the following corrective action plan.
1.
Staff Education on identifying by staff deveopment coordinator regarding the updated abuse policy will be immediately intiated with goal of 80% by 10/20/2023 and continue with each employee before next scheduled shift if unable to be reached by 10/21/23
2.
Facility will immediately start bodychecks on all residents in the facility to find out any signs of sexual abuse and will cover all residents within 10/20/2023.
3.
Facility will immediately update current abuse policy regarding resident-to-resident nonconsensual sex and inappropriate behavior on 10/19/2023.
4.
Facility will start to conduct monthly audits from 10/19/2023 of resident electronic medical records immediately regarding any sexually inappropriate behaviors.
5.
Facility will continue to read all resident rights loudly to residents in all resident council meetings regarding sexual abuse.
6.
Facility will immediately review care plans from 10/19/2923 of all residents weekly for sexually inappropriate behaviors.
7.
All education and training information will be provided and discussed in the QAPI meeting.
The implementation of the action plan was verified on October 20, 2023. Interviews conducted with facility staff on October 20, 2023, reported they had all been in-serviced on the resident abuse prohibition policy, recognizing the signs of resident sexual abuse, recognizing the signs of sexually inappropriate behavior, to whom to immediately report an allegation of resident abuse and actions to be taken related to incident of resident abuse.
The Immediate Jeopardy was lifted on October 20, 2023, at 3:55 p.m.
Refer to F656
28 Pa. Code 201.14(a) Responsibility of Licensee
28 Pa. Code 201.18(b)(1) Management
28 Pa. Code 201.18(b)(2) Management
28 Pa. Code 201.18(e)(1) Management
28 Pa. Code 201.29 (c) Resident rights
28 Pa. Code 211.12(c) Nursing services
28 Pa. Code 211.12(d)(1) Nursing services