Evidence/Findings:
<p>Based on document review and interview, the manager failed to ensure policies and procedures were established and implemented to protect the health and safety of a resident, which covered how a caregiver will respond to a resident’s sudden, intense, or out-of-control behavior to prevent harm to the resident or another individual The deficient practice posed a potential risk to the health and safety of residents.</p><p><span style="color: rgb(68, 68, 68);"> </span></p><p><span style="color: rgb(68, 68, 68);">Findings include:</span></p><p><span style="font-size: 12pt;"> </span></p><p><span style="font-size: 12px;">1. A review of facility policies and procedures, last reviewed June 20, 2024, revealed a policy titled “2.H. Emergency Response.” The policy stated, in part, “1. Medical Emergencies – </span><strong style="font-size: 12px;">Call 911</strong><span style="font-size: 12px;">. 2. Psychiatric Emergency - </span><strong style="font-size: 12px;">Call 911</strong><span style="font-size: 12px;">; and to the extent possible, keep the resident experiencing the emergency, and other residents and staff safe by: a. One on one monitoring of the resident experiencing the psychiatric emergency by: Moving the resident to a familiar, quiet place if they are willing to do so. C. Remove/relocate other residents to a point distant from the resident experiencing the psychiatric emergency such as to their own apartment, the dining room etc. …4. Criminal Situation – To the extent possible, ensure safety of residents and staff,</span><strong style="font-size: 12px;"> Call 911.”</strong></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">2. The Compliance Officer requested a more specific policy pertaining to how a caregiver will respond to a resident’s sudden, intense, or out-of-control behavior to prevent harm to the resident or another individual. However, evidence of documentation of another policy was unavailable for review.</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">3. A review of facility “Charting Notes,” pertaining to R1 and entered between June 5, 2024, and January 7, 2025, revealed the following entries on the dates noted:</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">-June 20, 2024, “[R1] attempted to touch another resident inappropriately in the elevator. Writer redirected resident and separated them from other resident;”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">- June 25, 2024, “After multiple reports of inappropriate conduct, ED spoke with resident who acknowledged </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1's]</span><span style="font-size: 12px;"> behavior and states </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1]</span><span style="font-size: 12px;"> will stop making suggestive comments and touching residents and staff. Additionally, ED discussed [R1’s] desire to pleasure </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1's self] </span><span style="font-size: 12px;">while being showered and [R1] states this will also cease. POA aware;”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">-July 10, 2024, “[</span><span style="font-size: 16px; color: rgb(68, 68, 68);">Employee</span><span style="font-size: 12px;">] reported [R1] grabbed [employee</span><span style="font-size: 16px; background-color: rgb(255, 255, 255); color: rgb(68, 68, 68);">'s</span><span style="font-size: 12px;">] bottom while [employee] was in the hallway. [R1] was immediately told it was inappropriate and to not do that in the future. [R1] did it a second time about 30 minutes later. ED notified. [ED] stated it was reported the previous evening by [another employee] that [R1] tried to grab [another employee's] chest. IR was completed and POA was informed. [POA] will have a discussion with [R1] again, as will ED, PCP also notified;”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">-July 13, 2024 “ALERT CHARTING: [R1] placed on Alert Charting after a phone call from MT reporting [R1] expressed inappropriate sexual behaviors to another resident. [R1] said [R1] was ‘going to go to [other resident’s] room to sleep with [other resident] and if [other resident] didn’t want it, [R1] would be taking it or or (sic) doing it anyways.’ This was witnessed by [employee] as well as reported by the [other resident].”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">-July 15, 2024, “ALERT CHARTING: Resident called for staff to change brief and already had shorts taken off, [was visibly sexually aroused] and expected and demanded that staff put a new brief on [R1]. Staff handed resident a new brief and resident stated ‘aren’t you going to put in on me?’ [R1] dresses [R1’s self] every morning and was encouraged to do the same with brief while staff monitored [R1] didn’t fall;”</span></p><p><br></p><p><span style="font-size: 12px;">-July 16, 2024, HIGH RISK MEETING: CC Completed with Resident, POA, ED and SHD regarding inappropriate sexual conduct in the community. [R1] acknowledges understanding and states [R1] will no longer create this type of attention towards [R1’s self]. [R1] has </span><em style="font-size: 12px;">no cognitive decline</em><span style="font-size: 12px;"> (emphasis added). Staff will be cautious of not placing themselves in arms reach of inappropriate touching, have two caregivers present during cares and sit [R1] with [same sex] residents during meals to limit these opportunities. Resident on alert charting to be aware of the sexual conduct and monitor behaviors. ISP created;”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">-July 23, 2024, “ALERT CHARTING: Resident exhibited inappropriate behaviors towards [</span><span style="font-size: 12px; background-color: rgb(255, 255, 255); color: rgb(68, 68, 68);">Staff member</span><span style="font-size: 12px;">], redirected;”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">-July 25, 2024, “[R1] touched my buttocks once during shift and I told [R1] it was unacceptable and made me uncomfortable [R1] responded byt (sic) saying ‘let me touch your butt.' [R1] also tried to grab me 3 other times near elevator and once witnessed by co-worker during bedtime bedtime (sic) med pass. [R1] also asked if my [spouse] was ‘[explitive]’:”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">-July 29, 2024, “IR created post incident on 7/25/24 – inappropriate touching. Contacted PCP and [POA] to inform them of continued behaviors. ED was also notified. [ED] will have further discussion with [R1];”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">-August 4, 2024, “[R1] reached and swiped staff buttocks as [R1] walked passed to walk to breakfast. [R1] was told to keep [R1’s] hands to [R1’s self] and that [R1’s] behavior was inappropriate. Community Nurse and POA were made aware of incident;”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">-September 3, 2024, “c/o [R1] asking a [</span><span style="font-size: 12px; background-color: rgb(255, 255, 255); color: rgb(68, 68, 68);">staff member</span><span style="font-size: 12px;">] how big [their significant other's] [expletive] is during meals. [S</span><span style="font-size: 12px; background-color: rgb(255, 255, 255); color: rgb(68, 68, 68);">taff member</span><span style="font-size: 12px;">] immediately walked away and reported the incident. Message left for [POA] to discuss ongoing concerns;”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">-September 23, 2024, [Unidentified Resident] came into [E6’s] office to inform me [Unidentified Resident] was just in the elevator with [R1] and [R1] reached over and grabbed [Unidentified Resident’s] chest. [Unidentified Resident] was very offended. [E6] went to the dining room and pulled [R1] aside in a private location and discussed the inappropriateness of the situation and [R1] was to keep [R1’s] hands and [R1’s] inappropriate comments to [R1's self]. [R1] acknowledged. Later in the day, [POA] & [POA's sibling] were in the building and [R6] discussed what occurred. They apologized and said they would also speak with [R1];</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">-September 23, 2024, [R1] came to [E6’s] office to reassure me to (sic) [R1] would keep [R1’s] hands to [R1’s self] and apologized. Then [R1] asked [E6] not to ‘say anything to [POA]’. [E6] informed [R1] ‘[POA]he already knows’. [R1] said ‘OK’ and walked off. CC to be scheduled with resident and [POA] regarding the inappropriate comments and touching;”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">-September 26, 2024, “CC complete with RN, ED, [R1], [POA] and [POA's sibling]…on the phone…[R1] acknowledged [R1’s] actions and states </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1]</span><span style="font-size: 12px;"> and [R1's spouse] had a very active sex life and [R1's spouse] left </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1]</span><span style="font-size: 12px;"> to move to [another state]. [R1] is missing the sexual interaction. [POA's sibling and POA] said [R1] was always been a [person] with upstanding morals and are shocked by [R1’s] behavior. [POA's sibling] then stated [R1’s spouse] left [R1] for similar behaviors when [R1] grabbed [another individual] at a club…[R1] acknowledged understanding of the need to modify [R1’s] behavior and any further concerns may result in [R1] being discharged from the community. Family has agreed with plan;” and</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">-November 7, 2024, “ALERT CHARTING: Another residents family has filed complaint against [R1] stating ‘As I came out of elevator with my parents, [R1] grabbed my butt. This was the second time, [R1] did this at Happy hour (sic) on Monday. This person told this resident ‘Stop touching me.’ [R5] yelled at [R1] and told </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1]</span><span style="font-size: 12px;"> to ‘never touch [R5's child] again.”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">4. A review of facility documentation titled “Observations,” revealed the following charting note entries on the dates noted:</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">-January 9, 2025, Resident called after mt went in to administer meds, 2 staff went into the room to check on resident, [R1] stated </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1]</span><span style="font-size: 12px;"> lost his pants, staff showed </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1]</span><span style="font-size: 12px;"> a pair of pants, then </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1]</span><span style="font-size: 12px;"> stated </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1]</span><span style="font-size: 12px;"> lost his panties, uncovered [R1’s self] and exposed </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1's self]</span><span style="font-size: 12px;"> to staff and kept repeating about needing help with </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1's]</span><span style="font-size: 12px;"> panties, grabbed </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1's]</span><span style="font-size: 12px;"> groin and stated it hurts. Staff informed </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1]</span><span style="font-size: 12px;"> was able to change on </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1's]</span><span style="font-size: 12px;"> own. </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1]</span><span style="font-size: 12px;"> said </span><span style="font-size: 12px; background-color: rgb(255, 255, 255);">[R1]</span><span style="font-size: 12px;"> was unable to;”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">- February 23, 2025, “resident was touched inappropriately by [R1] as [R1] was walking back to [R1’s] room from dinner. [R2] was waiting outside [R3’s] room so they can go to dinner but was inappropriately touch and decided to stay in for the night [R2] got a room tray for the night Location: Hallway Day & Time: 2/23/2025 4:20 PM.”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">5. A review of facility incident reports revealed nine incident reports created between June 20, 2024 and February 23, 2025, documenting incidents of R1’s inappropriate sexual behaviors, “suggestive language,” and inappropriate touching of [opposite sex] staff and residents on the buttocks, [chest] and groin areas. Each incident report included documentation of immediate action to prevent the behavior from occurring in the future as follows:</span></p><p><br></p><p><span style="font-size: 12px;">-June 20, 2024, regarding [R1] trying to grab a caregiver’s [chest] and grabbing their buttock, “take another person in there with me;”</span></p><p><br></p><p><span style="font-size: 12px;">-July 10, 2024, regarding [R1] grabbing a [</span><span style="font-size: 12px; background-color: rgb(255, 255, 255); color: rgb(68, 68, 68);">staff member</span><span style="font-size: 12px;">] buttock for a third time, “was immediately told [R1] cannot do that;”</span></p><p><br></p><p><span style="font-size: 12px;">- July 13, 2024, regarding [R1] using suggestive language and inappropriate behavior, “[R1] was spoken to about the inappropriate behavior. Both residents were separated;”</span></p><p><br></p><p><span style="font-size: 12px;">- July 15, 2024 regarding [R1] calling caregiver into room, requesting a brief change while [R1] was exposed and [was sexually aroused], “ED spoke w/[R1] re: appropriate behaviors;”</span></p><p><br></p><p><span style="font-size: 12px;">-July 25, 2024, regarding [R1] touching the buttock of a caregiver, trying to grab the caregiver on three prior occasions, and using inappropriate language, “Spoke w/ resident regarding behaviors, ED spoke w/ resident;”</span></p><p><br></p><p><span style="font-size: 12px;">-August 4, 2024, regarding [R1] touching the buttock of [staff] member, “ongoing concern being handled by ED;”</span></p><p><br></p><p><span style="font-size: 12px;">-September 19, 2024, regarding [R1] grabbing a [resident’s chest], “discussed w/ resident to keep hands to [R1's self];”</span></p><p><br></p><p><span style="font-size: 12px;">-November 7, 2024, regarding [R1] grabbing the buttock of another resident’s [child] for the second time, “Continue to monitor behaviors. Discussion with resident was given with terms to discontinue behaviors…;”</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">6. A review of R1’s medical record revealed a document titled “Interim Service Plan,” dated May 15, 2024. The document identified a “Concern/Need” for R1 of “Inapprop Behavior.” The document, created and signed by E6, listed interventions as “Resident can get ‘handsy’ and touch other residents & staff,” “Redirect [R1] – discourage behavior,” Place @ meal table w/ [same sex] residents only,” and Monitor that [R1] doesn’t go into [opposite sex] resident’s rooms (has asked for one’s room #).</span></p><p><span style="font-size: 12px;"> </span></p><p><span style="font-size: 12px;">7. In an interview, E1 agreed R1’s behavior was out-of-control. E1 acknowledged the facility’s policy and procedure was not sufficient to cover how a caregiver will respond to a resident’s sudden, intense, or out-of-control behavior to prevent harm to a resident or another individual.</span></p>
Summary:
The following deficiencies were found during the on-site investigation of complaints 00145732, 00145700, 00104411, 00146051, 00146047, 00104285, and 00104208, conducted on September 29, 2025: