Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, resident interview, facility staff interview, clinical record review, and facility documentation review, the facility staff failed to ensure residents were free from abuse and neglect having the potential to affect numerous residents on 2 of 3 nursing units. The abuse and neglect resulted in psychosocial harm for two residents (Resident #8- R8 and Resident #17-R17), which resulted in the identification of Immediate Jeopardy and Substandard Quality of Care.
The findings included:
1. The facility staff failed to protect residents and implement safeguards for all residents residing on the A and B wings who shared the common areas, from being subjected to a hostile environment where verbal threats of physical harm and death, and sexual comments by Resident #16-R16 were ongoing. R16's behaviors resulted in psychosocial harm for R8 and R18.
On 1/22/24 at approximately 9:30 a.m., during an interview with resident #8 (R8), the resident verbalized to the surveyor and facility Administrator that Resident #16 (R16) had told R8 to Suck my di*k. R8 went on to state that she had been molested three times in the past and just can't handle this. The current administrator was observed taking notes during this interview.
On 1/22/25 -1/23/25, a clinical record review was conducted of R8 clinical record. R8's diagnosis included, but were not limited to major depressive disorder, insomnia, generalized anxiety disorder, borderline personality disorder, bipolar disorder, and schizoaffective disorder. According to R8's most recent minimum data set (MDS) (an assessment tool) with an assessment reference date of 12/28/24, R8 scored a 13 out of 15 on the brief interview for mental status, which indicated she was cognitively intact.
According to a Trauma Informed Care Screen dated 4/21/24 and another dated 5/22/24, R8 reported having been a victim of physical abuse, verbal abuse, emotional neglect, having a family member who was an alcoholic/addict, and a victim of sexual violence. The most recent trauma screen noted that R8 answered yes to the following questions: Have you had a nightmare about event(s) or thought about the event (s) when you did not want to? Have you tried hard not to think about the event(s) or went out of your way to avoid situations that reminded you of the event(s)? Have you been constantly on guard, watchful, or easily startled? Have you ever felt numb or detached from people, activities, or your surroundings? According to the screening form R8 was asked, What if any mental health treatment have you had in the past? R8's response was recorded as, I see a doctor.
According to the nursing progress notes, the following entries were noted:
A note dated 6/25/23, read in part, Resident came to nursing station requesting pain medication at 1520. Resident [R16's medical record number redacted] was also sitting near the nursing station. Resident [R8] said she would be in her room and walked back to her room with the assistance of her rolling walker. When this nurse entered resident's room, she began crying out in pain and was holding her right foot. This nurse asked what was going on with her foot and the resident stated resident [R16's medical record number redacted] ran over her foot with his wheelchair. She also stated that resident [R16's medical record number redacted] threatened her life and she did not feel safe RN [registered nurse] supervisor was called and made aware of what resident was reporting. RN Supervisor came into the facility to access this situation. Will continue to observe resident
On 1/21/25, a note was entered that read, During this time SSD (social services director) spoke with [R8's name redacted] after hearing her yell at another Resident [R16's medical record number redacted] to shut up across the hallway from her room. SSD let [R8's name redacted] know that she needed to be respectful of other Residents. The issue resolved following discussion.
According to facility documentation, a facility investigation was initiated on 1/16/25, regarding R8 reporting that R16 had made inappropriate comments to her. There was a prior documentation dated 3/13/24, where R8 reported that R16 touched her leg and said, it made her uncomfortable .
On 1/22/25 at 10:09 a.m., an interview was conducted with the facility's social worker (SW). During the interview with the SW, she was asked if she had any knowledge about R8 being a victim of sexual abuse. The SW said, I do recall her mentioning she had an ex-significant other that she had issues with.
On 1/23/25, during a follow-up interview, R8 reported being afraid of R16 and gets another resident, identified as Resident #2, to accompany her because .she watches out for me. During this interview, R8 was observed breaking eye contact, tucking her head downwards while speaking, with hands slightly trembling. He said, 'Come on Baby, suck my d-ck!' He would say we need to go to bed in his room . I told him No! and he said, Ok, B-tch, I will just f-ck the hell out of you then! Sometimes I'm afraid to go to sleep. I've gotten so afraid at night, that he is gonna come in here.
On 1/23/25, an interview was conducted with Resident #2 (R2), who reported that she has witnessed R16 threaten to hit R8, This can happen daily, [R8] cries and gets upset about it. I have to calm her down. [R8] is scared of him. At times, he says hateful things to her, sometimes he approaches her and intimidates her, and her hands start shaking. She said he makes her very nervous. I try to help and break it up. He says, Suck my d-ck b-tch, I will blow this place up. R2 went on to report that R8 would wake her to go with her to the dining/activity room. R2 reported she is not personally afraid of R16, and that he used to say that stuff to her, .but R8 gets so upset her hands shake.
On 1/22/25-1/23/25, a clinical record review was conducted of R16's chart. This review revealed the following notes with regards to behaviors, in addition to almost daily refusals of treatment and medications:
On 4/16/23, a behavioral charting note read, Describe Behavior/Mood: agitated, angry, hostile, combative. What was the resident doing prior to or at the time of behavior/mood: Resident was sitting in the dining room, staff offered resident another tea and resident started to make obscene sexual comments toward the staff member. Other residents began to get upset about the comments this resident was making towards the staff and other residents. Interventions attempted: Staff attempted to redirect sexual comments with other topics. Resident offered to have lunch delivered to his room. Staff attempted to ask resident what was wrong. Effectiveness of the Interventions: Resident continued to make sexual remarks. Resident attempted to throw hot coffee at staff. When asked what was wrong, resident continued to make obscene sexual comments to staff. Resident threatened to hurt staff and continued to ask for sexual favors.
A progress note by the medical provider on 4/17/23, read in part, .Patient also noted to have more behaviors and is talking about bugs in his room that are not there. Patient has noted to have this in the past when he cycles. Patient has history of bipolar, anxiety, depression .
On 4/25/23 a note titled, SSD [social services director] annual note read in part, . Relationships: Resident maintains a mostly positive relationship with all staff. Resident sometimes has trouble interacting appropriately with peers . Behavioral: Resident has behaviors of sometimes making sexual comments and can be verbally aggressive with staff and peers .
On 5/6/23, the note read in part, Resident angry, cursing at staff in presence of other residents
On 5/10/23, the note read, Resident had several episodes of behaviors this shift. Cussing and making threats but did not do any harm to others or himself
On 5/14/23, a nursing entry read, Resident had behaviors in dining room during lunch. Resident used vulgar language and was making threats. Resident did not act on any of the threats .
On 5/19/23, the note read, Resident had behaviors in dining room this shift and was taken to the front office to sit with BOM [business office manager] .
On 6/8/23, a note read in part, Resident continues with behaviors. Resident cussing and yelling at other resident's and making threats. Resident re-directed several times throughout the shift .
On 6/9/23, the entry read in part, Resident has had 2 outbursts of cussing and threatening others this shift. Resident was re-directed successfully both times
On 6/10/23, the entry read, .Resident began displaying belligerent behavior, stating 'I/m going to burn this (expletive) down, people are dying in here'. Another entry the same day read, Patient became agitated in the dining room and began yelling that he was going to get gas and burn the building . He continued to curse and use sexual language as he left the dining room .
On 6/10/23 at 8:20 p.m., an entry was noted that read, Resident being belligerent this shift towards staff and residents. Threatening to blow up the building, kill us all. On Call physician called . Family came to visit, and behaviors continued to get worse. Resident was taken to whirlpool room by family and CNA to get a bath, and he seen female resident [Resident #8's medical record number redacted] walk by and yelled I'm going to kill you b-tch while getting up from his wheelchair to grab her. This nurse, CNA, and resident's sister was able to stop him and get him back into his wheelchair. Resident continued with threatening behaviors and began to threaten his family . Squad was called, and resident was sent to ER [emergency room].
On 6/11/23, the nursing note read, Went to answer residents call light and noticed water in the hallway of adjoining room. When this RN opened the door clean water began flowing in the hall and the room floor was covered with water, including the adjoining bathroom. This RN went to open the door of this resident and water began seeping into the hall. The Resident's floor was also covered with water and his commode stuffed with toilet paper and overflowing. He stated he was going to flood the place .
Another entry on 6/11/23 read in part, Resident continued with behaviors this shift but was able to be redirected after a few minutes. Family in to see resident again this shift. Resident was found this evening standing up without his O2 on taking apart the light above his bed. Fluorescent light bulb and light cover were laying across his bed. This nurse took the light and hardware from the patients' room and RN contacted maintenance supervisor to come and repair the light. Light was repaired .
On 6/12/23, the note read, Resident stayed in room all night but became upset that his television would not work. Resident stated that he was gonna blow this place up. and cursed at staff. This morning it was found that resident had stuffed unknown items into toilet in his restroom
On 6/17/23, the entry read, . Resident had an outburst this shift after another resident interfered with his conversation in the dining room. This nurse was able to re-direct resident, and he calmed down .
On 6/22/23, the note read, Rsd [resident]. has had some behaviors of yelling/cursing rsd. redirected well thus far .
On 6/23/23, the note read, Rsd. continues with behaviors. Rsd. woke up and came in the hall. Rsd. has had episodes of cursing staff and other rsd. Rsd. has thus far been redirected without issue .
On 6/25/23, R16 was aggressive towards R8 as noted in the progress note entry that read, Resident kicked resident [R8's medical record number redacted] rolling walker in the dining room after [R8's medical record number redacted] did not move it out of his way. Resident was also threatening to kill everyone and blow up the building when asked to leave the dining room. Resident was brought back to A Wing. Resident eventually calmed down. RN supervisor was called in to help with the situation between the two residents. Will continue to observe resident.
On 6/26/23, the entry read, Resident had belligerent behaviors this shift. Resident upset over not having money in his account and accusing the office of keeping his $13. Resident threatened to blow up the build and kill all of us. Eventually staff was able to redirect resident and calm him down.
On 6/29/23, the late entry note read, This RN was assisting residents with breakfast in the dining room when [R16's name redacted] who had finished his breakfast, and two cups of coffee held his coffee cup up in the air and yelled out asking for a refill He put the cup down and began cursing. As I put the tray of food on the table he threw his cup toward me. The cup hit a table and fell to the floor. I ignored his behavior because any response to it yields more behaviors. Less than 5 minutes later he had confronted the resident next to him telling her he was going to kill her for looking at him. He began cursing, ranting about his sister, saying he was being held hostage. Several other staff members entered the dining room to talk with him and to try to calm him down and assist him back to his room or another area since he had finished his meal, eating 100 percent. He wanted to see the Administrator, [prior administrator's name redacted], and the Administrator took him to his office and made a behavioral contract with him. 1100 I was asked to check on resident and found him in the hallway on his wing The nursing assistant told him she would give him a whirlpool with the bubbles he liked and a few minutes later he was screaming, I will blow this MF place up. He continued screaming until Physical Therapy talked to him about coming to therapy. The PT assistant was taking him toward therapy when he met a female resident in the hallway outside the dining room and he began ranting again. His states were as follows: I will get gas and set this MF place on fire and burn all of you GD old people up. I will get a gun and shoot everyone in this building. I have scissors in my pocket, and I'll cut your mf eyes out I hate my GD MF sister, and I will kill her too. He then pulled his Oxygen out of his nose and began walking toward one of the nursing assistants telling her he had a pitcher of tea, and he would throw it all over her. I took the tea from his hand and assisted him back to the wheelchair and replaced the oxygen. The Administrator once again tried to talk with him remind him of the contract. He again became angry, aggressive, screamed threats and scared the residents who were gathering for lunch. He got up from his wheelchair the second time after jerking his oxygen off and began walking toward another staff member while screaming he would kill her. Resident continued for a period of more than an hour with aggressive behavior, racial slurs, cursing, threatening other residents and screaming as loud as he could scream. Staff reports the screaming and threats to blow everyone up, etc. has become an everyday event along with accusations of people stealing from him. Patient assisted to the courtyard while waiting ECO and stated he comes out to the courtyard to feed differed colored animals that come out from under a large flowerpot every day. Also says that there are bugs imbedded in his skin that he has to pick out. I told him he would be going to the hospital to see if he could have medications adjusted or to see if he could be helped. This behavior, per staff, began in April and has continued to escalate
Progress notes entries in R16's chart continued to document ongoing behaviors being displayed on the following dates: 7/22/23, 7/23/23, 7/27/23, 7/28/23, and 9/5/23.
On 9/29/23, the entry read in part, Resident was sitting at nurses' station when resident [resident number redacted] said something that upset this resident. This resident then began to yell out that no one was going to talk to him that way . and he will hurt someone for talking to him that way When social worker came to speak with resident, he became more upset and was very belligerent towards social worker. Other LPN [licensed practical nurse] came to speak with resident to try and calm resident down. Once social worker walked away other LPN was able to deescalate resident. Administrator also came and spoke with resident and took him to get coffee.
Another entry on 9/29/23 spoke of an incident during lunch in the dining room that noted, .Resident started yelling and cursing at everything/everyone around him because he could not get to the seat, he wanted in the dining room .
Additional behavior instances were documented on 9/30/23, 10/2/23, and 10/11/23.
On 10/22/23, a nursing entry in R16's chart read, Resident had a behavior outburst during morning devotions. Resident threw coffee on resident [R8's medical record number redacted]. Staff was able deescalate the situation. The on-call nurse was notified, and the administrator was notified or the incident.
On 10/23/23, 11/3/23, 11/6/23, and 11/8/23, R16 had documented behaviors. Then on 12/2/23, R16 was noted to be .cursing at other residents in dining room, hit another resident with shoe [other resident not identified]. On 12/6/23, the note indicates Resident [R16] does exhibit behaviors and aggression daily.
A note dated 1/5/24, read in part, Resident occasionally becomes agitated by other residents' interactions with him. At other times the resident will refuse his medications and/or supplemental oxygen, stating I don't need that stuff, it doesn't help anyway. Resident will sometimes throw objects during these outbursts. Resident ambulates pushing w/c or uses w/c to move about the unit and the facility, resident enjoys eating meals in the dining room .
On 2/3/24, a note by the medical provider noted, .Nursing staff requested that this patient be seen again today due to continued episodes of intermittent irritability as well as having occasional outbursts .
According to a nursing progress note entry dated 3/22/24, scissors were removed from R16's possession following him being observed scraping dry skin off BLE [bilateral lower extremities] with a pair of scissors.
On 3/24/24, R16 was noted to have been . agitated with resident in room adjacent to his, he stated, 'I'm a tough man, I'll mess him up .'.
Then on 6/8/24, the note read, .Very angry. Yelling and cursing in the hallway while families at facility with their loved ones. What was the resident doing prior to or at the time of behavior/mood: Rsd just finished lunch; coming out of the dining room Interventions attempted: CNA tried to change out O2 tank This nurse tried to change out O2 tank Effectiveness of the interventions: Rsd refused for this nurse along with staff to touch him. Rsd stated I don't want that sh*t. It does nothing for me. As this nurse tried to give rsd oxygen tank; rsd stopped this nurse stating F@@k that G@d D@$N tank. It does nothing to help. I am going to blow this F@&king place up. Yall can suck my d&@k and go to hell. F&@k all of yall. I still have bugs all over my room and nobody gives a F&@k. Rsd then went into his room and shut his door .
An entry dated 7/6/24, read in part, . resident exhibits occasional verbal outbursts when angry or frustrated .
On 10/2/24, a note entry read, Agitated, verbally aggressive. Verbally expressing anger at staff members and various other residents.
On 11/9/24, a nurse note documented in part, Resident was sitting at nurse's station making foul comments such as I'll blow this whole place up .You can suck my d-ck g-d d-mn for not giving me what I want . you can't give me what I want, then it's time to kill ya a**
On 11/25/24, the nursing entry recorded .Resident then proceeded to make the comment 'I will go find me a woman to have sex with, I haven't had sex in a long time,' and asked this nurse if I would make love to him. educated resident that, that is a very inappropriate thing to say. Resident stated, I don't give a damn, I'll blown this damn place up.
On 12/7/24, during R16's most recent hospitalization, behaviors were displayed that warranted a psychiatric consult. The note dated 12/7/24, read in part, . was cooperative with care until this morning prior to discharge, he became upset and threatened to blow up the building with people in it. Psychiatry was consulted for concern of this behavior . He states that he has to tell people he is going to kill them so he can go to sleep, but he would never harm anybody . He does state that he was 'cursing and stuff' he apologizes for this . there was concern that reduction in psychotropic medications may have contributed to his decompensation. Nursing staff was able to call and speak with patient's regular nurse at [this nursing facility's name redacted]. She reports that this behavior is typical for him. He will have an outburst like this wanted to time a week [sic] [one to two times a week] . This has quite consistent with behavior witnessed this morning . Patient has a long psychiatric history. He was admitted here in July of 2023 for threatening behaviors and outbursts .
On 12/9/24, a progress note documented that Resident threw his oxygen tank and knocked over his dresser in his room. 'I'm going to kill everyone and blow this building up.' Resident stated that his neighbor beside him was coming into his room and moving his belongings. Resident takes his wheelchair and rams his neighbor's door. Resident is saying explicit words and other residents are complaining.
On 12/15/24, the medical provider noted, .Please order a psych consult .
On 12/26/24, a nursing note documented that resident was saying, I'm gonna blow this damn place up. I am a bad motherf-cker, yall can suck my d-ck ya'll got five minutes to get me my pain pills or I am gonna start killing people.
On 12/27/24, a provider note indicated, .The patient has been experiencing increased behavioral outbursts, as noted by the staff. He was previously receiving Seroquel 250 mg PO BID prior to a hospital admission on [DATE]. Upon return from the hospital, his Seroquel dosage was adjusted to 50 mg TID. Staff reported a significant behavioral incident on 12/26/2024, during which the patient accused nurses of withholding his medications and giving his pain pills to other residents. He refused PRN pain medication and made threats of violence, stating he would blow the damn place up and start killing people if not given his pain pills
On 1/15/25, a nursing progress note, which read in part, .resident cursing at another resident [identified as R8] in dining room. he returned to his room. currently q15 minute checks. his mood at this time is pleasant and cooperative.
As of the survey being conducted 1/21/25, R16 had not seen a psychiatrist since hospitalization in early December 2024. Prior to that, the last psych visit onsite had been documented on 10/14/24.
According to R16's care plan, listed behaviors that included I can be physically abusive to others. I have a HX [history] of assaultive behavior towards staff and throwing items (cups, etc.) at other residents, I can be verbally abusive to others. When I feel provoked, I can began [sic] to swear/cuss, I am to have my coffee placed in a thermal blue mug with a tight fitting lid. I have a history of tossing my coffee at others when I become agitated. This care plan was initiated on 10/23/23 and last revised on 5/15/24.
According to the hospital discharge summary and psychiatry consultation dated 12/7/24, both documents noted that R16's Seroquel dose was to return to the prior dosage of 250 mg twice daily. According to R16's physician orders and medication administration records, upon readmission to the nursing facility R16 was receiving 50 mg three times daily 12/8/24-12/27/24. On 12/27/24, the dose was increased to 100 mg three times daily.
On 1/23/25 at approximately 11:30 a.m., during an interview with certified nursing assistant #15 (CNA #15) and CNA #16, it was reported that R16 took the oxygen tank out to throw at us, we ran up the hall. CNA #15 reported they got the administrator to intervene, and that they had been scared that day R16, but neither CNA #15 & CNA #16 could recall specifically what date the incident had occurred.
On 1/24/25 at 2:30 p.m., an interview was conducted with the nurse practitioner (NP). The NP was asked about R16's behaviors and Seroquel dosing. The NP stated that she was not aware of the order/recommendation from the hospital for R16's Seroquel to return to the dose of 250 mg twice daily and stated had she seen the addendum with that recommendation she would have followed it because, I do follow what is on the hospital discharge summary. The NP also stated she was aware of R16 having some behaviors, but it had been reported to her that it was related to his pain management and had just increased his Gabapentin (pain medication). The NP said, We have not had an on-site psych provider since I started in December. We have only had 1 telehealth psych visit; from what I am told we now have a psych provider starting. The NP went on to state that she was not aware of R16 making abusive sexual comments to other residents or the instances of R16 attempting to throw his oxygen cylinder.
According to interviews conducted by the survey team, the facility social worker, five CNA's, three nurses, the activities director, and the maintenance director had all been aware of and verbalized that R16 has long standing behaviors of saying he is going to blow this place up and shouting, Suck my d*ck. All 11 of the staff interviewed expressed being aware of R16 making targeted sexual comments to R8 repeatedly. When asked about interventions implemented to address these inappropriate behaviors, staff stated that 15 min checks were done, but mostly offering snacks works, and that sometimes R16's escalating behaviors required the removal of the other residents from the dining room, which is where he likes to sit the most.
According to the facility social worker, who also serves as the grievance coordinator, another resident, identified as R18, had also verbalized being upset about R16's ongoing verbally aggressive and sexually inappropriate comments in the dining/activity room. When questioned about R16's behaviors, the facility social worker stated that R16 is easily agitated, yells, curses, but stated that she doesn't know how to stop the cursing and allow him freedom of expression. When asked if these concerns had been reported, the social worker responded that the previous administrator had stated that grievances were not abuse allegations.
On 1/23/25, R18 was interviewed and reported that R16 was often yelling and cursing, mostly at [R8] and that it upsets her. R18 said, I try to stay away from him . I don't like those words and wasn't raised like that. He was loud and kinda upset me .We were taught to turn our backs and walk away . I said a prayer.
According to nursing staff working the unit where R16 resides, R16 was placed on 15-minute checks on 1/15/24, following the recent incident which targeted R8. According to the facility documentation the checks were performed 1/15/25 from 4:45 p.m., until they were discontinued on 1/17/25 at 6:45 p.m.
Each day of survey, R16 was observed to ambulate independently throughout the facility on two of three nursing units, as well as in the dining room, without any direct supervision, which provided unrestricted access to R8 as well as other residents.
On 1/23/25 at approximately 6 p.m., the survey team met with the facility administrator, director of nursing, and corporate level staff. When questioned about facility actions regarding R16's abusive behaviors, the administrator, DON, regional vice-president of operations, and the regional clinical director all stated that they had not been aware that the behaviors had been to the level of severity as shared by the survey team and indicated that he [R16] would be put on 1:1 supervision immediately.
On 1/23/25 at approximately 6:15 p.m., Resident #16 was being escorted out of the dining room due to him becoming verbally aggressive. The survey team was exiting the conference room with the facility administration and corporate staff, while R16 was yelling, using racial slurs, and fussing about a caucasian being seated at his table.
2. For R17, who reported an allegation of abuse and neglect by certified nursing assistant #1 (CNA #1), which resulted in psychosocial harm, the facility staff failed to take measures to protect the resident and did not identify the incident as an allegation of abuse and neglect.
On 1/22/25, during a review of facility documentation, it was noted that on 1/19/25, R17 reported an allegation of verbal abuse and neglect by CNA #1 to the nurse, who completed a grievance form. Within the grievance documentation it read, CNA [CNA #1's name redacted] became very smart and rude with resident when she asked to have her shower. Resident shower days are designated to Monday and Thursday. However, resident wanted one due to feeling unsanitary. Resident was very upset and even called her husband wanting to go home . resident became very emotional . Resident became hesitant on using her call light as well, because she didn't want any more attitude.
According to a document dated 1/20/25, where the social worker interviewed R17, it was noted, Resident reports that when the aide came in and spoke to her about getting a shower Saturday the aide was very rude and told her 'Absolutely not tonight' and continued to state that 'Saturday was not her day' for a scheduled shower. [R17's name redacted] also reported that later that night she had an accident and needed to be changed she said that the other aide came in and told her that she was passing snacks and would have to come back after doing that to assist her. I don't want her in here if she's going to talk to me like that. Resident is concerned other people are being talked to that way.
On 1/23/25 at 8:45 a.m., an interview was conducted with R17. R17 was very complimentary of the care she has received at the facility. When asked about the incident involving CNA #1, R17 said, I was told when I came that Wednesday and Saturdays were my shower days. I was so excited and told my husband I was going to get a shower. It was about 8:15 p.m., I rang to see when I would get the shower. She [CNA #1] came in and said, 'absolutely not, no ma'am, I'm not giving you a shower tonight. Tuesday and Fridays was your shower day and tomorrow, Sunday is the make up day. I called my husband crying and told him to come get me. Thank God they had me medicated. This girl needs to know if I have to deal with her I will slap her. If she talks to me like this, how is she talking to other residents. The next day my husband called and said I had 2 choices; I could tell them or he would be down here Monday morning. The next morning [nurse's name redacted, identified as registered nurse #2- RN #2] came in and knew something was wrong. I burst out crying. Sunday when [certified nursing assistant #4's name redacted] got her stuff done, she gave me a shower.
On 1/23/25, the facility social