Rule/Regulation Violated:
§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;
Evidence/Findings:
Based on clinical record review, staff and resident interviews, and observation of current practice the facility failed to ensure resident #1 was free from abuse from an employee. The deficient practice could result in residents experiencing emotional and mental trauma from the abuse.
Findings include:
Resident #1 was admitted to the facility on February 3, 2023 with diagnoses that included generalized muscle weakness, acute pulmonary edema, and acute respiratory failure with hypoxia.
The quarterly MDS (Minimum Data Set) assessment dated November 14, 2023 included a BIMS (Brief Interview for Mental Status) score of 11, indicating the resident was cognitively moderate impaired. The MDS also indicated the resident had no indicators of psychosis, behaviors, rejection of care, or wandering.
On November 3, 2023 at 2:44 PM the DON (Director of Nursing/Staff #30) reported an alleged abuse incident to the Arizona Department of Health Services.
A review of resident #1's progress notes revealed there was no documentation regarding the alleged incident of a staff member's abuse towards the resident on November 3, 2023. Further review of resident #1's electronic health record also revealed no documentation regarding the alleged incident.
An interview was conducted with resident #1 on November 28, 2023 at 8:36 AM. When asked about the alleged incident, the resident stated that a staff person used inappropriate language with him but the staff person has been fired. When asked about the name of the staff person, the resident stated it was staff #52 who was a Registered Nurse at the facility. Resident #1 indicated they currently felt safe and happy at the facility.
Interviews were conducted with the following residents on November 28, 2023: Resident #17, Resident #11, and Resident #12. They all stated they currently felt safe in the facility and that staff treated them with respect.
An interview was conducted on November 28, 2023 at 10:44 AM with a Registered Nurse (staff #54) who stated they remembered staff #52. Staff #54 indicated that she was not aware of any situations that occurred between staff #52 and any other residents but she was aware of the incident between staff #52 and resident #1. Staff #54 stated that staff #52 had a difficult personality and "the situation was a matter of time". She also stated that staff #52 was the type of person to come into work and "not give you the time of the day". When asked if resident #1 had exhibited any mood changes as a result of the alleged abuse, staff #54 denied any changes. Staff #54 also confirmed that she participates in Abuse training as a part of her annual training.
An interview was conducted on November 28, 2023 at 11:44 AM with a Housekeeper (staff #55) who witnessed the alleged incident. Staff #55 stated they were a few feet outside of resident #1's room and she saw the call light go on. The resident's door was open at the time. Staff indicated they could see staff #52 at the Nurses station down the hallway ignoring the resident's call light. Staff #55 then heard staff #54 on the phone stating "why are you hitting the button, why do you keep hitting the button?" "She then called him (resident #1) an asshole and hung up." Staff #55 observed a Certified Nurse Assistant (CNA/Staff #56) enter resident #1's room shortly after. Staff #55 then observed staff #56 come out of resident #1's room and inform an RNA what had happened. Staff #55 stated she then went to Human Resources to report the incident. When asked if staff #55 receives training on abuse, they stated they recently received the training when they were hired.
A review of staff #52's personnel file was conducted on November 28, 2023. It was revealed that staff #52 had taken a course module titled "Preventing, Recognizing, and Reporting Abuse" on the following dates: June 29, 2020; November 11, 2021; June 4, 2022; and March 28, 2023. Additional Abuse training titled "Abuse and Neglect" and "Abuse, Neglect, and Exploitation" were completed on July 21, 2020 and March 28, 2023.
An interview was conducted on November 28, 2023 at 12:42 PM with Human Resources (Staff #53). Staff #53 stated there was one disciplinary record in staff #52's file which reveals a written warning along with coaching was provided to staff #53 for unprofessional conduct with their co-workers. Staff #53 indicated they were the person who received the initial report from staff #55 regarding the alleged abuse towards resident #1. Upon hearing the initial report, they directed staff #55 to speak with the Human Resources Director (staff #53).
An interview was conducted on November 29, 2023 at 9:01 AM with staff #53 in his office. When asked about his knowledge of the incident, staff #53 indicated the witness to the incident was a housekeeper who was assigned to the care center that day. The witness (staff #55) reported the alleged abuse to him and he immediately went to inform the Assistant Director of Nursing (ADON/Staff #7) which triggered the investigation process. Staff #53 stated all employees receive training on abuse upon hire and then annually thereafter. He indicated he was familiar with staff #52 and they had one disciplinary action on file. He stated that staff #52 did have a history with other employees and did not have a lot of patience with them which was addressed in a counseling plan.
An interview was conducted on November 29, 2023 at 9:49 AM with the Director of Nursing (DON/Staff #30). Staff #30 indicated that after completing an internal investigation, staff #52 was terminated on November 6, 2023 due to "unprofessional behavior towards a resident". Staff #30 indicated that staff #52 had a corrective action in their personnel file due to conflicts with peers but they had no complaints from other residents in the facility.
A review of the facility's policy titled, "Abuse/Neglect Prevention Protocol," which was last reviewed/revised December 2022, defined verbal abuse as oral language used in a disparaging or derogatory manner towards residents or families.
Summary:
The state compliance survey was conducted 03/11/2025 through 03/13/2025, in conjunction with the investigation of complaints AZ00186696, AZ00189254, AZ00189082, AZ00187545, AZ00186599, AZ00189202. The following deficiences were cited :