Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, observation, and staff interview, the facility failed to ensure residents were free from physical, sexual, and verbal abuse. Multiple incidents took place in which Resident #213 inappropriately touched and verbally and physically assaulted other residents. The facility failed to properly document, investigate, or report these incidents of abuse. The facility was unable to identify any victims of the abuse due to the failure to properly document and investigate each incident of abuse. Resident identifier: 213. Facility census: 55.
The state agency (SA) determined these failures caused the victims of Resident #213's abuse to suffer physical and psychosocial harm. Because the victims were unable to be identified, the reasonable person standard was applied. Due to the facility's failure to identify the victims and properly investigate the abuse, proper services were unable to be provided to the victims after an instance of abuse, causing further psychosocial harm. Not only did these failures harm the victims of Resident #213's abuse, it also placed them and the remaining 55 residents in the facility at risk of serious harm/death due to the facility's failure to investigate and put proper interventions in place to ensure Resident #213 would not abuse other residents in the future. This placed all residents in an Immediate Jeopardy (IJ) situation.
The facility was first notified of the IJ at 06:44 PM on 03/25/24. The SA received the Plan of Correction (POC) at 08:15 PM on 03/25/24. The SA accepted the POC at 08:20 PM on 03/25/24.
The SA observed for the implementation of the POC and the IJ was abated at 03:45 PM on 03/26/24.
Resident Ientifiers: #213. Facility Census: 55.
Findings included:
a) Resident #213
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At approximately 03:00 PM on 03/25/24, a record review for Resident #213 was conducted as part of the sample selection process. During this process, progress notes were reviewed, which indicated multiple incidents of sexual, physical, and verbal abuse directed at other residents in the facility, by Resident #213. These progress notes were cross referenced with the facility's incident and reportables logs, revealing none of these incidents were investigated or reported.
Progress notes of the incidents are as follows:
On 02/13/24 at 6:23 PM Resident #213 touched a female resident inappropriately
On 02/19/24 at 11:54 AM, Resident #213 rubbed a female resident's arm and stated, Tell me you love me.
On 2/19/24 at 12:30 PM, Resident #213 backed their wheelchair into another resident's wheelchair repeatedly. When female resident asked Resident #213 to quit, he replied I will hit you.
On 02/19/24 at 1:43 PM, Resident #213's sister stated the resident was told if their behaviors continued, they would be sent out of the facility. Resident #213 stated they were trying to get kicked out of the facility.
On 02/22/24 at 10:13 AM, Resident #213 touched a female resident on the abdomen in a downward motion.
On 02/28/24 at 8:05 PM, Resident #213 was at the nurses station pointing at another female resident and making fun of them. The female resident became upset and started crying. Resident #213 became defensive when he was told to leave the female resident alone.
On 02/29/24 at 1:07 AM, Resident #213 kept trying to touch a female resident, and kept grabbing them by the hand. Resident became defensive when he was told they could not touch other residents. Resident #213 stated he wanted to get kicked out of the facility so they could go home.
On 03/03/24 at 7:50 PM, Resident #213 was observed arguing with another resident. Unit Manager was called to the dining room to help with the situation and Resident #213 drew his hand back to hit Unit Manager, but stopped themselves. Resident then pushed another resident's geri-char at the nurses station and stated do whatever you got to do, send me out of here, I want out of here.
At 12:45 PM on 03/05/24, Resident #213 was passing another resident in the hallway and became combative and started kicking the other resident in the leg and hand.
At 10:35 AM on 03/23/24, Resident #213 was banging closet doors together, causing a disruption for his roommate. Resident #213 went to the dining room and banged a book against a table, calling another resident an idiot and telling them to bring it on.
On 03/23/24 at 4:19 PM, Resident #213 was being pushed by a family member down the hallway, when another resident passed by, Resident #213 stated he's the one I tried to knock the piss out of earlier.
At 3:05 AM on 03/24/24, Resident #213 was trying to get into another female resident's room. Resident #213 told his roommate to shut their mouth when he woke the roommate up by banging dresser drawers.
At 10:47 PM on 03/24/24, Resident #213 was coming down the hall and kicked another resident's door. Resident #213 was in another female's personal area and was told not to touch her.
At 1:09 AM on 03/25/24, Resident #213 was found in the floor of another female resident's room. Resident #213 stated they were trying to help the female resident to bed.
B) Staff Interview
Resident #213 was at a local behavioral health hospital from [DATE] until 03/22/24, upon return to facility, the resident's behaviors worsened, according to Unit Manager (UM) #5.
At 3:40 PM on 03/25/24, an interview was conducted with the Administrator and Unit Manager concerning Resident #213. The Administrator, when asked what interventions had been put into place to protect other residents, they stated, Activities sets with them during the day. Unit Manager stated, Resident #213 comes to my office during the day. However, staff could not verify what interventions were in place during evening and weekend hours. Facility staff verified that Resident #213 was not under direct supervision at all times. Resident was observed at various locations in the facility while not under direct supervision. Unit Manager stated He can retain what you tell him, but he does what he wants. He wants to get kicked out to go home. The behaviors have escalated since, probably, January when referring to Resident #213's behaviors.
When asked the identity of the victims of Resident #213's abusive behavior, both the Administrator and UM #5 stated they did not know the identities. The Administrator confirmed there were no incident reports nor were there any investigations into the abuse toward other residents.
At approximately 1:55 PM on 03/26/24, and interview was conducted with Social Services Designee (SSD) #30 concerning Resident #213 and their behaviors. SSD #30 stated the resident was like this during their last stay at the facility as well. As far as I know, this is how they have always been. SSD #30 stated Resident #213 will tell you all the time they want a girlfriend. I know Resident #213 is trying to get kicked out of the facility, and that is probably why the resident is doing mischievous things, in order to get kicked out, because he thinks he is able to go home. SSD #30 states Resident #213 knows exactly where to go to get what they want. If the resident sees something on a desk that they want, it belongs to them. They pretty much have no boundaries at all.
C) Behavior Monitoring
At approximately 4:00 PM on 03/25/24, a review of the behavior monitoring task sheets for Resident #213 was conducted. Upon review of Nurse Aide behavior monitoring task sheets the following behaviors were noted:
02/09/24 at 10:43 PM- Repetitive motions and rummaging. Redirection was attempted-behaviors unchanged.
02/11/24 2:58 PM- Disrobing in public. Redirection attempted- behaviors unchanged.
02/14/24 at 6:16 PM- Disrobing in public and rummaging. Redirection attempted-behaviors worsened
02/15/24 at 5:19 PM- Disrobing in public, entering other residents ' room/personal space, rummaging. Redirection attempted-behaviors worsened.
02/20/24 at 6:16 PM- Disrobing in public. Redirection attempted-behaviors unchanged.
02/24/24 at 6:44 PM- Grabbing others, physically aggressive towards others, disrobing in public, throwing/smearing bodily waste, wandering. Redirection attempted-behaviors unchanged.
02/28/24 at 6:38 PM- Disrobing in public, entering other residents ' room/personal space, repetitive motions, rummaging, wandering. Redirection attempted-behaviors worsened.
02/29/24 at 5:22 PM- grabbing others, kicking others, pushing others, physically aggressive towards others, express frustration/anger at others, disruptive sounds, disrobing in public, rummaging, wandering. Redirection attempted- behaviors worsened.
03/03/24 at 10:35 PM- Kicking others, physically aggressive towards others, cursing at others, express frustration/anger towards others, screaming at others, threatening others, entering other residents ' room/personal space. Redirection attempted-behaviors unchanged.
03/05/24 at 5:43 PM- Kicking others, physically aggressive towards others, express frustration/anger at others, screaming at others, agitated. Redirection attempted-behaviors unchanged.
03/23/24 at 11:18 AM-Kicking others, physically aggressive toward others, cursing at others, express frustration/anger at others, screaming at others, threatening others, disruptive sounds, entering other resident's room/personal space, agitated, anxious, restless, elopement, exit seeking, refusing care, wandering. Redirection attempted-behaviors unchanged
03/24/24 at 12:26 AM- Express frustration/anger at others, entering other residents' room/personal space. Redirection attempted-behaviors unchanged.
03/24/24 at 3:02 PM- Grabbing others, kicking others, pushing others, physically aggressive towards others, accusing of others, cursing at others, express frustrations/anger at others, threatening others, disrobing in public, entering other residents' room/personal space, public sexual acts, repetitive motions, rummaging, spitting, agitated, anxious, restless, elopement, exit seeking, insomnia, not sleeping, pacing, wandering, withdrawn/isolating. Redirection attempted-behaviors worsened.
03/24/2024 at 10:57 PM- Physically aggressive towards others, express frustration/anger towards others, threatening others, entering other residents' room/personal space, agitated, wandering. Redirection attempted-behaviors unchanged.
D) Change of Condition Form
A change of condition form from 02/19/24 for Resident was reviewed. The symptoms and signs for the change of condition are as follows:
Resident inappropriate with females, states he is trying to get kicked out, going through other residents ' belongings, other residents are fearful.
The change of condition form is dated for 02/19/24 at 1:30 PM.
E) Observation
After notifying the facility of the IJ and accepting the POC, while observing for the implementation of the POC, the following observations were made:
At approximately 12:37 PM on 03/26/24, Resident #213 was escorted to their room from the dining room, pushed into the room, and left there alone, after the facility instructing one (1) on one (1) care to be provided to resident at all times. At 12:53 PM, Activities Leader (AL) #71 entered Resident #213's room. AL #71 was asked if education regarding one on one care for the resident had been provided, to which they stated, No, not at this time. AL #73 then walked past surveyors and into the hallway, leaving Resident #213 alone in their room, once again. At approximately 12:47 PM, a Nurse Aide escorted Resident #213 out of their room into the Unit Managers office.
f) Facility's PLan of Correction
The facility's accepted Plan of Correction read as follows:
3-25-24 Abatement Plan
1. Resident # 213 was placed on 1:1 direct observation with a facility staff member until physician
interventions are successful in managing behaviors. An immediate fax reporting of allegation
was completed and sent to OHFLAC. The physician was notified with new orders as follows;
increased Trazadone to 150mg at bedtime, changed his Paxil to bedtime, and 1 on 1 with staff
member. The residents care plan was updated with new orders and 1:1 observation
intervention.
2. All residents in the facility have the potential to be affected by the alleged deficient practice. All
alert residents were interviewed by the Unit Managers to identify other concerns and no other
issues were identified.
3. All staff members in the facility on 3-25-24 were immediately re-educated on reporting
allegations of abuse immediately to OHFLAC, APS, Ombudsman or other licensing board as
warranted by the Unit Manager. All staff were educated on notifying a supervisor of any
allegation immediately to assist with interventions necessary for immediate protection of
residents. All staff not available on 3-25-24 will be re-educated on reporting allegations of
abuse and notifying a supervisor immediately prior to the start of their next scheduled shift.
4. The Unit Managers will monitor progress notes daily to identify potential concerns of abuse. The
Administrator and Director of Nursing will review incident and accident reports daily for two
weeks, then three times a week for two weeks, then monthly for three months to identify
potential concerns. Any allegations will be reported to OHFLAC, Ombudsman, APS and other
licensing boards as warranted. All allegations of abuse and neglect will be reviewed at the
facilities Quality Assurance and Performance Improvement meeting each month.