§483.12 Freedom from Abuse, Neglect, and Exploitation The resident has the right to be free from abuse, neglect, misappropriation of resident property, and exploitation as defined in this subpart. This includes but is not limited to freedom from corporal punishment, involuntary seclusion and any physical or chemical restraint not required to treat the resident's medical symptoms.
§483.12(a) The facility must-
§483.12(a)(1) Not use verbal, mental, sexual, or physical abuse, corporal punishment, or involuntary seclusion;
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Observations:
Based on review of the facility's abuse prohibition policy, clinical records, and select investigative reports and staff interview it was determined that the facility failed to ensure that one resident out of 10 sampled was free from verbal abuse (Resident 2).
Findings include:
A review of the facility's Abuse policy last reviewed by the facility on March 2024, indicated that the objective of the abuse policy is to comply with the seven-step approach to abuse and neglect detention and prevention. Verbal abuse is defined as the use of oral, written or gestured language that willfully includes disparaging and derogatory terms to residents or their families or within hearing distance, regardless of their age, ability to comprehend, or disability.
A review of the clinical record revealed that Resident 2, was admitted to the facility on January 11, 2023, with diagnoses, which included dementia.
Review of Resident 2's quarterly Minimum Data Set Assessment (MDS- a federally mandated standardized assessment process conducted periodically to plan resident care) dated March 31, 2023, indicated that the resident was severely cognitively impaired with a BIMS (brief interview mental screen which evaluates cognitive ability) score of 1 (a score of 0-7 indicates severe, cognitive impairment), and required the assistance of two staff for bed mobility and toileting.
Review of Resident 2's current care plan initially, dated January 11, 2023, indicated that the resident required the assistance of two staff for bed mobility and toileting.
A review of a facility investigation report dated April 12, 2024, at 2 PM revealed that on Tuesday April 16, 2024 at 11 AM, Resident 2's personal companion, Employee 1 (employed by the resident's family) called the Nursing Home Administrator to report an incident that occurred on Friday April 12, 2024. She stated that there was a tall black aide (identified as Employee 2) that entered Resident 2's room at 2 PM after she rang the call bell because the resident had a bowel movement (BM). The aide came into the resident's room, while on her cell phone with ear buds in the aide's ears, using profanity on the phone to whomever she was speaking to while caring for Resident 2. Resident 2, who is hard of hearing and blind, asked the aide if she was speaking to her (the resident). The aide responded, per Employee 1 (companion) "I don't need to speak to you to clean shit out of your vagina, I'm having a convo with my brother." Employee 1 (companion) stated that the aide repeatedly made comments about the resident being covered in shit while on the cellphone.
The aide was not removed from the facility and suspended until Tuesday April 16, 2024, after the resident's companion notified the NHA. The employee was not prevented from having access to residents, at the time Employee 1 notified Employee 3, LPN, of the allegation of abuse on April 12, 2024, and continued to care for the resident victim.
A review of a witness statement dated April 16, 2024, (no time indicated) Employee 1 (companion) stated, "on Friday April 12, 2024, at approimately 2 PM Employee 2, a nurse aide, answered the resident's call light, on her phone (ear buds). The aide remained on her phone having a conversation with her brother using profanity. The resident became disoriented and upset and began yelling "Are you talking to me?, What is going on? Employee 2 got in Resident 2's face and said "I don't need to speak to you to clean shit out of your vagina, I'm having a convo with my brother." The resident responded "stop breathing on me." The aide repeatedly made comments about the resident being covered in shit while on the phone. After the incident I (Employee 1, companion) told Employee 3 (LPN supervisor), "Please don't ever send that aide (Employee 2) in the room again. Employee 3 (LPN supervisor) advised me to write statement. I declined for fear of retaliation. Later that night (April 12, 2024) around 7 P.M. I asked Employee 4 (RN Supr) if Employee 3 (LPN supervisor) told him not to let Employee 1, nurse aide, care for the resident. He said no, but will pass the message on. On Saturday April 13, 2024, at approximately 10 AM I arrived at the facility. Resident 2 asked who her aide was. The resident stated that the aide was not nice and barely fed her breakfast, but what she did feed her, did it forcefully and almost made her choke. I found out the aide was the same women from Friday (April 12, 2024, Employee 2 na). I reported the situation again to Employee 5 (RN Supr) who, at that time, removed Employee 1 from the resident's room for the remainder of the shift.
Employee 1 (companion) again stated that she informed all the above noted nursing employees of the incident of verbal abuse of Resident 2.
An interview conducted on April 16, 2024, (no time indicated) by the Nursing Home Administrator (NHA) and the Director of Nursing (DON) with Employee 3 (LPN Supr) revealed that this LPN stated that she was in Resident 2's room Friday April 12, 2024 after 2 P.M. She stated that nothing was reported to her concerning any reported abuse. She stated "This (abuse) did not occur. I was never told there was any abuse to the patient and I do not believe this happened with the aide." The employee was then given a witness statement and told to write a more detailed statement.
A review of a written witness statement dated April 16, 2024, (no time indicated) Employee 3(LPN), revealed "I was called into Resident 2's room in the afternoon (April 12, 2024) to look at Resident 2's toe. The resident's care taker (Employee 1, companion) began to tell me that she did not want the nurse aide that took care of her (Employee 2) to come back in the room, that she was "scary." I was not told that she (nurse aide, Employee 2) was on her ear piece yelling at the resident and cursing. There was no abuse reported to me."
A review of a witness statement dated April 16, 2024, (no time indicated), Employee 6 (LPN) stated that she worked on Friday April 12, 2024 3 PM to 11 PM shift. She stated that Employee 1 (companion) told her that evening that an aide was in her \ room on her cell phone cursing while providing care. She told me that the LPN charge nurse (Employee 3) was aware of the situation and wanted to ensure that the aide would not work on that hallway with Resident 2 again.
A review of a telephone witness statement dated April 16, 2024, (no time indicated) from Employee 4 (RN supr, worked 7 A.M. to 7 P.M. Friday April 12, 2024) stated "I texted Employee 7 (employee scheduler), that Employee 2 had been on her ear piece and phone and cursed while on the phone. I was told this by Employee 1 (companion) between 8 PM and 9 PM. She said nothing about abuse or anything."
A review of a second telephone interview the facility conducted April 16, 2024, (no time indicated) with Employee 4 (RN Supr) indicated that "I didn't think about calling the DON because Employee 1 (companion) said "it" was already taken care of by Employee 3 (LPN). I messaged Employee 7 (scheduler) to make sure she knew that Employee 1 (companion) did not want Employee 2 on that unit."
A review of a telephone statement dated April 16, 2024, (no time indicated) revealed that Employee 6, LPN (who worked Friday April 12, 2024) revealed, Employee 1 (companion) told me that there was an aide today in her room (Employee 1), on her cell phone, cursing while providing care. She told me that Employee 3 (LPN) was ware of the situation and wanted to make ensure the aide Employee 2 was not working with Resident 2 anymore.
A review of the first telephone statement dated April 16, 2024, (no time indicated) from Employee 7, LPN ( who worked Saturday April 13, 2024, as the 7AM to 3 PM shift LPN) revealed that Employee 1 (companion) stated that on Friday April 12, 2024, Employee 2 was in Resident 2's room on her phone with her ear buds in, speaking to her boyfriend, using foul language. Employee 1 (companion) stated that on Friday April 12, 2024 Employee 2 was changing the resident and told the resident that she was "full of shit and I'm cleaning it out of your vagina."
A review of a second telephone interview dated April 16, 2024 (no time indicated ) conducted with Employee 7 ( LPN) during which Employee 7 stated "I did not report it again because I was told by Employee 1 (companion) that the incident was already reported to Employee 3 (LPN) and taken care of."
A review of a written witness statement dated April 16, 2024, (no time indicated) from Employee 8 (LPN) indicated that "On Friday April 12, 2024, Employee 1 (companion) came to the nurses desk and asked where Employee 3 (LPN) was. I said she was taking care of something. Employee 3 (LPN) was notified by me that Employee 1 (companion) wanted to speak to her. Employee 3 (LPN) went to speak to Employee 1 (companion)."
On Saturday April 13, 2024, Employee 1 (companion) reported "I told Employee 3(LPN) that I did not want Employee 2 in Resident 2's room." Employee 1 stated "Employee 2 is scary, she is dangerous. I asked why do you say that? Employee 1 (companion) stated she was on the phone when taking care of the resident and was cursing on the phone, I said, You told this to Employee 3 (LPN)? Employee 1 (companion) stated yes. Then said, "This girl is going to kill someone. She is scary. I told Employee 1 (companion) that I would get the supervisor. Employee 1 (na) then said, "Don't tell that girl (Employee 2) I said anything. I notified Employee 5 (RN Supr) and she went to talk to Employee 1 (companion)."
A witness statement dated April 16, 2024, (no time indicated) from Employee 2 stated "On Friday April 12, 2024, I was assigned to Resident 2's room and was told I can not go into the room, so I only went into the room to change her in the morning and did not go into the room anymore that day. The only reason I was in the room to change her was because there were no aides that could change her at the time. This was before breakfast. I was told not to go back into the room around lunch time."
There was no witness statement regarding the alleged incident that occurred Friday April 12, 2024. Employee 2's statement was referencing the following day, Saturday April 13, 2024.
The facility investigation conclusion was noted as "The abuse is unsubstantiated due to Resident 2 not being affected by the incident, the resident does not recall anything from the incident. Employee 2, a nurse aide, and Employee 3 (LPN) were not suspended until Tuesday April 16, 2024.
According to the Centers for Medicare and Medicaid Services psychosocial outcome guide, application of reasonable person concept, considers the effect of the non-compliance on a reasonable person and the resident may consider the facility to be his/her "home," where there is an expectation that he/she is safe, has privacy, and will be treated with respect and dignity. The resident trusts and relies on facility staff to meet his/her needs. The resident may be frail and vulnerable.
The facility failed to apply the reasonable person concept, according to regulatory guidance, by stating that Resident 2 was not affected by the alleged verbal abuse.
During an interview May 15, 2024 at approximately 1 PM, Employee 1 (companion) confirmed that verbal abuse occurred Friday April 14, 2024. She further confirmed that she informed the above noted nursing personnel on Friday April 12, 2024, and Saturday April 13, 2024, of the abuse. She stated that Resident 2 was affected by the incident. She stated that the resident has been more agitated since the incident.
During a telephone interview on April 16, 2024 at approximately 10 AM, the resident's son stated that he was very upset about Employee 2's treatment of his mother. He stated that she had been more agitated since the incident.
The facility failed to ensure Resident 2 was free from verbal abuse.
28 Pa. Code 201.29 (a)(c) Resident Rights
28 Pa. Code 211.12 (c)(d)(3)(5) Nursing Services
28 Pa. Code 201.18 (e)(1) Management
| | Plan of Correction - To be completed: 06/05/2024
1.
This is to confirm that the facility does not admit to any wrongdoing as related to F0600 although citation was delivered. Companion to resident 2, made an allegation of verbal abuse against an aide while caring for resident.
Resident was made safe, and CNA was removed from facility once reported to NHA and DON. Resident was interviewed and does not recall the incident. She was pleasant at time of interview.
2.
The CNA was removed from the building. Abuse education was started with all staff along with electronic use policy in resident care areas.
Entire facility interviews were conducted with residents the CNA has cared for with BIMS 12-15, to ensure no other residents experienced this issue.
3.
Current facility staff have been educated on the abuse policy and the binder at every station that indicates exactly what is to be done if there is an abuse situation. They have been educated on how to identify abuse and how to report it. Staff will be educated on the following POC with assist level.
Agency staff entering the building to work have been educated on the abuse policy of the building and the electronic use policy of the building prior to going to the floor and will continue.
4.
DON/scheduler will monitor schedule for the next day and identify employees who need to be educated on the abuse and electronic use policy. This will occur at the daily staffing meetings; on Friday's the weekend will also be reviewed.
5.
Completion Date 06/05/2024
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