§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 clinical records, facility policy, documentation provided by the facility, and staff interviews, it was determined the facility failed to implement abuse prevention and investigation procedures for one of 24 residents reviewed (Resident 74) following an allegation of resident-to-resident sexual abuse involving Resident 12.
Findings include:
A review of the facility policy titled "Investigation of Allegations of Abuse, Neglect, or the Misappropriation of Resident Property," last reviewed by the facility on March 1, 2026, revealed it is the facility policy to implement residents' rights to the fullest intent of the law. To protect the resident and determine the direction of the investigation, the policy requires facility staff to:
Immediately separate residents and assess for possible injury.
Immediately initiate an investigation and remove the alleged perpetrator.
Arrange for medical attention, including a forensic rape exam for suspected sexual abuse.
Obtain written statements from appropriate individuals on duty at the time of the incident.
Notify the administrator, physician, resident representative, and law enforcement.
Report the incident to the Pennsylvania Department of Health and local Area on Aging within 24 hours.
A clinical record review revealed Resident 12 was admitted to the facility on September 18, 2024, with diagnoses that include dementia (a condition characterized by the loss of cognitive functioning such as thinking, remembering, and reasoning, to such an extent that it interferes with a person's daily life and activities).
A review of Resident 12's quarterly Minimum Data Set assessment (MDS, a federally mandated standardized assessment process conducted periodically to plan resident care) dated May 18, 2026, revealed that Resident 12 was moderately cognitively impaired with a BIMS score of 11 (Brief Interview for Mental Status, a tool within the Cognitive Section of the MDS that is used to assess the resident's attention, orientation, and ability to register and recall new information; a score of 08 through 12 indicates cognition is moderately impaired).
A clinical record review revealed Resident 74 was admitted to the facility on September 8, 2025, with diagnoses including dementia.
A review of Resident 74's quarterly MDS assessment dated March 18, 2026, revealed that Resident 74 was severely cognitively impaired with a BIMS score of 03 (a score of 00 through 07 indicates cognition is severely impaired).
A review of facility-provided documentation, witness statements, and staff interviews revealed that on May 3, 2026, Employees 3 and 4, Nurse Aides (NAs), reported observing Resident 12 with his hands inside Resident 74's brief in the area of Resident 74's genitals, resulting in an allegation of resident-to-resident sexual abuse.
During an interview on May 27, 2026, at 1:20 PM, Employee 4, NA, indicated he was not asked to provide a written statement regarding his observations on May 3, 2026. Employee 4 stated that he was asked to provide information regarding the event on the following workday.
During a telephone interview on May 27, 2026, at 2:20 PM, Employee 3, NA, indicated she was not asked to provide a statement on May 3, 2026, regarding her observations of the incident involving Residents 12 and 74. Employee 3 stated that administration contacted her on a later date to obtain information regarding the event.
During a telephone interview on May 27, 2026, at 2:48 PM, Employee 5, Registered Nurse Supervisor (RNS), indicated that she did not interview or debrief Employee 3 or Employee 4 regarding their observations of the incident. Employee 5 stated that administration requested a statement from her several days after the event occurred.
A clinical record review revealed no documented evidence in either Resident 12's or Resident 74's clinical record that nursing staff completed resident-specific observations, evaluations, assessments, or investigative documentation at the time of the May 3, 2026, incident. Additional review revealed no documented evidence that physicians or resident representatives were notified of the allegation. The clinical records also lacked documented evidence that additional interventions were implemented following the allegation to address Resident 12's behavior or to protect Resident 74 and other residents from further unwanted contact.
During an interview on May 29, 2026, at 10:00 AM, the above information was reviewed with the Nursing Home Administrator (NHA). The NHA was unable to provide documented evidence that the facility fully implemented its abuse investigation and prevention procedures following the May 3, 2026, allegation. Specifically, the facility was unable to provide documented evidence that it immediately initiated and completed a thorough investigation, obtained detailed witness statements at the time of the incident, completed resident evaluations or assessments related to the allegation, notified all required individuals and agencies in accordance with facility policy, or implemented timely interventions to address Resident 12's behavior and ensure ongoing resident safety. The facility was further unable to provide documented evidence that additional protective interventions were implemented following the allegation until Resident 12 was transferred to another nursing unit approximately 16 days later.
Refer F 600
28 Pa. Code 201.14(a) Responsibility of licensee.
28 Pa. Code 201.18(e)(1) Management.
28 Pa. Code 201.29 (a) Resident rights.
28 Pa. Code 211.12 (d)(1)(3)(5) Nursing services.
| | Plan of Correction - To be completed: 07/22/2026
1. Facility completed an investigation into the allegation of abuse involving Resident 12 and Resident 74. Facility policy Investigation of Allegations of Abuse, Neglect, or the Misappropriation of Resident Property Protocol implemented, and investigation completed which included conducting interviews and obtaining statements and submitting report and findings to Department of Health, Local Police and Protective Services. Facility investigation found the allegation to be unsubstantiated. 2. The facility has reviewed its comprehensive abuse prevention policies and procedures to ensure it includes the necessary items to explicitly detail the response required to protect alleged victims, ensure thorough investigations, and mandate reporting to state agencies. 3. Professional Nursing has been reeducated on facility protocol to immediately initiate and complete a thorough investigation, obtain detailed witness statements at the time of the incident, complete resident evaluations or assessments related to the allegation, notify all required individuals and agencies in accordance with facility policy, and implement timely interventions to address behavior and ensure ongoing resident safety. 4. Healthcare Personnel have been reeducated on Investigation of allegations of abuse, neglect, or the misappropriation of resident property protocol. 5. The Administrator/designee will review all reported grievances and allegations on a weekly basis to ensure that internal investigations and required reporting protocols are strictly followed. 6. NHA/Designee will audit staff on abuse prevention protocol and procedures twice a week for six weeks and then weekly for an additional four weeks. Results of audits will be reviewed and discussed at Quality Assurance Committee meeting for recommendations. 7. Corrective Action Date: July 22, 2026
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