§483.12(c) In response to allegations of abuse, neglect, exploitation, or mistreatment, the facility must:
§483.12(c)(2) Have evidence that all alleged violations are thoroughly investigated.
§483.12(c)(3) Prevent further potential abuse, neglect, exploitation, or mistreatment while the investigation is in progress.
§483.12(c)(4) Report the results of all investigations to the administrator or his or her designated representative and to other officials in accordance with State law, including to the State Survey Agency, within 5 working days of the incident, and if the alleged violation is verified appropriate corrective action must be taken.
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Observations:
Based on review of facility documents, facility policies, clinical records, and staff interviews, it was determined that the facility failed to conduct a thorough investigation of an allegations of abuse for one of two residents (Resident R26).
Findings include:
Review of facility policy "Abuse, Neglect, Exploitation or Misappropriation - Reporting and Investigating" dated June 2025, indicated that all reports of resident abuse, neglect, exploitation, or theft/misappropriation of resident property are reported to local, state, and federal agencies and thoroughly investigated by facility management. Findings of all investigations are documented and reported. The administrator provides supporting documents and evidence related to the alleged incident to the individual in charge of the investigation. The individual conducting the investigation documents the investigation completely and thoroughly. Witness statements are obtained in writing, signed and dated. The witness may write his/her statement, or the investigator may obtain a statement.
Review of the facility policy "Abuse and Neglect- Clinical Protocol" dated June 2025, indicated that sexual abuse" is defined as non-consensual sexual contact of any type with a resident.
Review of the clinical record indicated Resident R26 was admitted to the facility on 10/15/25.
Review of Resident R26's Minimum Data Set (MDS - a periodic assessment of care needs) dated 10/19/25, indicated diagnoses of high blood pressure, malnutrition (insufficient nutrients in the body) and low back pain.
Review of documentation provided by the facility dated 11/12/25 stated the following: "On 11/11/25 around 1830 (6:30 p.m.), the resident [Resident R26] reported to staff that his roommate [Resident R27] was in his bed and that he fondled his leg and groin. Resident R26 was visibly shaken, cry, and stating he was afraid of what his roommate might do. The resident reports that he previously reported this and nothing was done."
During an interview on 11/20/25, at approximately 1:00 p.m. the Director of Nursing (DON) confirmed that the facility had conducted an investigation of the incident and provided an Investigation File of documents regarding the investigation that included written statements.
During an interview on 11/20/25, at 2:30 p.m. Nurse Supervisor (NS) Employee E10 confirmed that she was working on the evening of the above incident that occurred on 11/11/25, and that she was made aware of the situation from a phone call that she received from Registered Nurse (RN) Employee E10, who stated that Nurse Aide (NA) Employee E11 had walked into Resident R26's room while the incident was occurring, as she was responding to Resident R26's yelling for help. NS Employee E10 had stated that she was also informed by Resident R26's family that they had previously reported this concern to Licensed Practical Nurse (LPN) Employee E12.
During an interview on 11/20/25, at 2:59 p.m. LPN Employee E12 confirmed that Resident R26's family had approached her in the past regarding Resident's roommate trying to get into his bed, but that it was not relayed to her that the situation was sexual in nature, therefore she did not report any sexual abuse.LPN Employee E12 stated "If I was told about that [sexual abuse] I would have reported in right away".
Review of the Investigation File did not reveal any written statements from NA Employee E11 who had been the first to respond to the situation.
Review of the Investigation File did not reveal any clarification that LPN Employee E12 was not told of any previous sexual abuse from Resident R26's roommate.
During an interview on 11/21/25, at 12:46 p.m. the DON confirmed that no written statement was obtained from NA Employee E11.
During an interview on 11/21/25, at 12:47 p.m. the DON was asked by State Agency (SA) to account for any investigation regarding LPN Employee E12's knowledge of any prior sexual abuse incidents. DON stated that she had conducted a detailed interview with LPN Employee E12 who had disclosed that she was only told of the roommate wandering into his bed, and was not informed of any inappropriate sexual behavior.
During an interview on 11/21/25, at 12:49 p.m. the DON was asked by SA for documentation regarding the above interview with LPN Employee E12, and the DON replied that this interview was not documented.
During an interview on 11/21/25, at 12:50 p.m. the DON confirmed that the facility failed to conduct a thorough investigation for allegation of abuse.
28 Pa Code: 201.14 (a) Responsibility of licensee. 28 Pa Code: 201.18 (e)(1) Management. 28 Pa Code: 211.12 (c)(d)(1)(3)(5) Nursing services.
| | Plan of Correction - To be completed: 01/14/2026
The facility reviewed all grievances from the last 3 months, including those from resident council. All unresolved concerns were addressed. Resident council concerns regarding call lights not being in reach will be addressed by the following: - All call lights in the building were immediately checked for accessibility by the DON - All nursing staff were educated on call light accessibility by ADON and/or designee - The DON/designated representative will audit call light accessibility: o 10x daily for 14 days o 5x daily for 14 days o 3x weekly for 4 weeks or until substantial compliance has been reached - Prevention of Reoccurrence - - Written responses to council concerns are completed within 10 business days. - - All concerns are entered into the grievance system and tracked to resolution. - - The Administrator or designee attends council meetings monthly and signs off on follow-up actions. - - Re-education of unit managers and department leaders by the ADON/ designated representative on Resident Council Form was implemented to document: o - The concern raised o - The department responsible o - The corrective action o - The completion date o - The communication back to the council - - The Social Service Director received reeducation from the NHA on: o Regulatory requirements for F 565 o Timely follow up and documentation. - Monitoring-Compliance - - The Administrator or designee will audit: o - Resident council minutes monthly for 3 months, then quarterly. o - Grievance logs weekly for 8 weeks, then monthly. o - Audits will verify: - Timely documentation - Timely written responses - Completion of corrective actions: - Results will be reported to the Quality Assurance and Performance Improvement (QAPI) committee monthly for 3 months and quarterly thereafter. - - The QAPI committee will determine if further monitoring is needed.
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