§483.12(b) The facility must develop and implement written policies and procedures that:
§483.12(b)(1) Prohibit and prevent abuse, neglect, and exploitation of residents and misappropriation of resident property,
§483.12(b)(2) Establish policies and procedures to investigate any such allegations, and
§483.12(b)(3) Include training as required at paragraph §483.95,
§483.12(b)(4) Establish coordination with the QAPI program required under §483.75.
§483.12(b)(5) Ensure reporting of crimes occurring in federally-funded long-term care facilities in accordance with section 1150B of the Act. The policies and procedures must include but are not limited to the following elements.
§483.12(b)(5)(ii) Posting a conspicuous notice of employee rights, as defined at section 1150B(d)(3) of the Act.
§483.12(b)(5)(iii) Prohibiting and preventing retaliation, as defined at section 1150B(d)(1) and (2) of the Act.
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Observations:
Based on a review of employee personnel files, select facility policy, and staff interviews, it was determined the facility failed to fully implement its abuse prohibition procedures and ensure a criminal history record check was requested or obtained prior to employment for one out of five employees reviewed (Employee 2).
Findings include:
A review of the facility policy titled "Abuse Prevention Program," last reviewed by the facility on January 5, 2026, revealed it is the facility policy to protect residents from abuse by anyone, including, but not limited to, facility staff, other residents, consultants, volunteers, staff from other agencies, family members, legal representatives, friends, visitors, or any other individual. Administration will conduct employee background checks and will not knowingly employ or otherwise engage any individual who has been found guilty of abuse, neglect, exploitation, misappropriation of property, or mistreatment by a court of law.
A review of personnel files revealed Employee 2, Licensed Practical Nurse (LPN), start date with the facility was October 21, 2025.
A Pennsylvania State Police Response for Criminal Record Check (an official document often called a clearance, detailing an individual's criminal history such as felony and misdemeanor convictions, or arrests within Pennsylvania) with a date of request indicated January 21, 2026.
During an interview on January 23, 2026, at 11:15 AM, Employee 3, Human Resources (HR), confirmed that Employee 2, LPN, worked at the facility from October 21, 2025, through January 21, 2026, without a Pennsylvania State Police Response for Criminal Record Check completed. Employee 3, HR, was unable to provide documented evidence that the facility implemented the abuse prevention program policy to ensure the facility did not employ or engage with individuals who have been found guilty of abuse, neglect, exploitation, misappropriation of property, or mistreatment by a court of law.
During an interview on January 23, 2026, at 11:30 AM, the above information was reviewed with the Nursing Home Administrator (NHA). The NHA was not able to provide evidence the facility implemented the resident abuse prevention policy by screening Employee 2, LPN, to ensure she had not been found guilty of abuse, neglect, exploitation, misappropriation of property, or mistreatment by a court of law until three months after working with residents at the facility. The facility failed to ensure a criminal history record check was requested or obtained prior to employing Employee 2, LPN.
28 Pa. Code 201.14(a) Responsibility of licensee.
28 Pa. Code 201.18(b)(1) Management.
28 Pa. Code 201.19(8) Personnel records.
| | Plan of Correction - To be completed: 03/17/2026
1. The facility cannot retroactively correct the completion time frame of the PA Criminal Record Check for Employee 2. Employee 2 had PA Criminal Record check completed and is free of convictions. 2. New hire employee files will be reviewed for the past 60 days to verify presence of PA Criminal Record check during the hiring process. All new hires will not start working until a criminal background check is complete and free of conviction. 3. Staff will be educated on Abuse Prevention Program Policy including the timely completion of CBC's 4. Audits will be conducted on new hires for the presence of PA Criminal Record Check weekly x 4 weeks, then monthly x 2 months. Findings will be reviewed at QAPI meeting.
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