Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on medical record review, incident review, staff interview, and policy and procedure review, the facility failed to protect the residents' right to be free from physical and verbal abuse by a staff member for 1 of 2 sample residents (#3) reviewed for allegations of abuse. This failure resulted in actual harm to resident #3. The findings were: 1. Review of the annual MDS assessment dated [DATE] showed resident #3 had a brief interview for mental status (BIMS) score of 15 out of 15, which indicated the resident was cognitively intact, and had diagnoses which included hemiplegia or hemiparesis, anxiety disorder, chronic inflammatory skin condition, and restless leg syndrome. Further review showed the resident had upper and lower extremity impairment on one side and required partial/moderate assistance with toilet hygiene and toilet transfer. The following concerns were identified:a. Interview with the resident on 1/21/26 at 10:11 AM revealed CNA #1 hurt him/her and caused pain while providing care. The resident revealed the CNA did not leave any marks and was no longer employed at the facility. b. Review of a facility incident dated 12/26/25 and timed 2:15 PM showed the on-call nurse reported CNA #1 for yelling and cursing at resident #3 during his/her care. The incident report showed the nurse intervened, telling the CNA it was enough, causing her to stop and leave. CNA #1 was immediately sent home, removed from the schedule, and instructed not to return pending investigation. The incident report showed resident #3 requested the CNA to no longer care for him/her, management to be notified, and to file a grievance form. The incident report showed resident #3 reported s/he used his/her call light to request help after an incontinence episode and when CNA #1 entered, she insisted the resident receive a shower, which the resident refused. The resident reported an argument escalated, during which the resident snapped at CNA #2, who originally answered the call light. The incident report showed CNA #1 then yelled at resident #3, began scrubbing [him/her] really hard, and was being intentionally rough. The incident report showed the resident reported asking the CNA #1 to stop and get someone else, which she refused, while continuing to yell. The incident report showed the resident attempted to reach for the call light and the CNA #1 locked the shower chair brakes to prevent him/her from reaching the cord. The incident report showed the nurse entered the room and told the CNA to stop, which ended the interaction. Further review showed the resident reported pain during the incident and soreness following.c. Interview with CNA #2 on 1/23/26 at 8:26 AM revealed on the day of the incident, resident #3 had an issue with loose stools and called for assistance. She revealed she transferred the resident from his/her wheelchair to the shower chair and told the resident they need to transfer in the bathroom. The CNA revealed she found CNA #1 and asked her to help when she was done with what she was doing. At that time, CNA #2 went to get a cleaning cart and when she returned to the resident's room, she heard CNA #1 yelling and arguing with the resident, observed her scrubbing the resident and his/her wound, and heard resident #3 say it hurt and to stop, which CNA #1 refused. CNA #2 revealed she heard CNA #1 say if [the resident] wanted to be an asshole, she could be an asshole too. and the CNA told the resident s/he had shit in [his/her] [genitals]. The CNA revealed after she returned to the room, the resident became upset with her and she left the room again. She revealed upon returning to the room again, she heard CNA #1 yell for the resident to stop. CNA #2 revealed she left the room to find the nurse and when the nurse entered the resident's room, the nurse told CNA #1 to stop. CNA #2 revealed following the incident, resident #3 was quiet and mad, and stayed in his/her room. She revealed the resident requested to file a grievance and stated s/he did not want CNA #1 caring for him/her anymore. CNA #2 revealed she felt CNA #1 was being mean and hateful and when they left the room, CNA #2 told CNA #1 she would be mad if they all got in trouble for what CNA #1 had done. Further interview revealed CNA #1 was sent home after the nurse notified the nurse on-call.d. Interview with CNA #1 on 1/23/26 at 8:50 AM revealed on the day of the incident, CNA #2 came and got her to assist with care for resident #3. CNA #1 revealed when she the other CNA had assisted the resident into the bathroom and the CNA did not get his/her pants and brief pulled up all the way, so upon entry to the room, there was feces, urine, and blood all over. CNA #1 revealed she moved the chair to face the wall to attempt to assist the resident with getting his her brief and pants down while CNA #2 went to get cleaning supplies. CNA #1 revealed she attempted to push the shower chair into the shower and resident #3 began to yell. CNA #1 revealed she placed her hand on the resident's shoulder to explain and the resident told her people don't listen to him/her. CNA #1 revealed she assisted the resident to remove his/her shirt and accidently sprayed cold water on [him/her]. CNA #1 revealed she began to wash the resident and s/he asked her to stop, which the CNA did. CNA #1 revealed the resident asked to see the washcloth and she showed him/her. CNA #1 revealed after she got the resident cleaned up, resident #3 started kicking her. CNA #1 revealed she did tell the resident they needed to get the shit off [him/her]. CNA #1 revealed when she began taking the resident out of the bathroom, the nurse entered and told her to stop talking to the resident, which she did. The CNA revealed she attempted to apologize to the resident and s/he wouldn't listen. After she left the room, CNA #2 would not let her tell the nurse anything and she was told to leave the facility, which she did; however, before she left CNA #2 came out and told her if the CNA or nurse got into trouble over her or her lying, they were going to be upset with her. CNA #1 revealed she was taken off the schedule for weekend and on Sunday, her recruiter called and reported she was not allowed to return to the facility. CNA #1 revealed she did tell the resident #3 if s/he was going to be an ass, the CNA could be an ass and she needed to clean the shit off him/her.e. Attempts to call the RN during the survey were unsuccessful.2. Interview with the DON on 1/23/26 at 9:24 AM revealed she felt the incident was a concern. She revealed she expected staff who witness abuse to ask the perpetrator to leave the room, ensure the resident was safe, and report the incident immediately. Further interview revealed the facility did not implement a formal plan of correction as a result of the incident. 3. Review of the facility policy titled Abuse Policy and Procedure Issued on 12/4/23 showed .It is the policy of (Community) that each veteran will be free from 'Abuse'. Abuse can include verbal, mental, sexual, or physical abuse, misappropriation of veteran property and exploitation, corporal punishment or involuntary seclusion . Additionally, veterans will be protected from abuse, neglect, and harm while they are residing at the community. No abuse or harm of any type will be tolerated, and veterans and staff will be monitored for Protection . C. Prevention . Identify, correct and intervene in situations in which abuse, neglect, exploitation, and/or misappropriation of veteran property is more likely to occur .