Inspection Findings:
Based on interview and record review, the facility failed to report allegations of abuse to the state survey agency within the required time frame for 1 of 2 sampled residents (R16) whose abuse incidents were reviewed. This failure placed residents at risk for abuse.
Findings include:
Facility's policy, Identification and Investigation of Abuse, Neglect, Misappropriation, and Injuries of Unknown Origin, revision date 8/1/23, documented "If any form of abuse is alleged (e.g., physical, verbal, etc.) ....is identified related to any other reported incident (e.g., Injury of Unknown Source or allegation of Neglect involving serious bodily injury), the CEO/designee will notify the State Agency immediately, but not later than 2 hours after the allegation is made or serious bodily injury is identified."
Review of R16's record indicated the facility admitted the resident on 3/27/25, readmitted on 5/12/25 and 6/24/25 with diagnoses including history of encephalopathy (disease or dysfunction of the brain, affecting its normal function), chronic obstructive pulmonary disease (lung disease making it difficult to breathe), acute respiratory distress syndrome, depression and anxiety. R16's Minimum Data Set (MDS-assessment tool), dated 5/18/25, documented R16's brief interview for mental status was 15. (BIMS, a scoring system used to determine the resident's cognitive status about attention, orientation, and ability to register and recall information. A BIMS score of 13 to 15 is an indication of intact cognitive status) and had adequate hearing described as no difficulty in normal conversations.
During an interview on 7/8/25 at 8:03 AM R16 stated there was an incident with a Certified Nursing Assistant (CNA) several months ago at night. I had to go to the bathroom and CNA was mad because I couldn't stand on my own. It was horrible, he threw my walker across the room, and it hit two chairs that were against the wall, but I don't think the walker hit the wall. He was really rough, he picked me up and threw me on the bed and told me, he used the f word, he told me that he was f**cking sick of me for not trying, but I was trying. I was scared to death. This happened the first time I was here (admitted to the facility). He also dropped something at the end of my bed and it fell to the floor, he got right in my face, like this close (resident placed her hand about 5 inches from her face) and said through his clenched teeth, why do you put things at the end of the bed, what is wrong with you f**cking people. I was crying. When he picked up the item and realized it was his stuff and not mines, he was like ooops and then said you are going to be ok and was trying to appease me. But I can't ever forget what happened earlier, it was nightmarish. He was angry, his teeth were clenched, he raised his voice and it was growly, I was scared. The next day, I talked to staff and filed a grievance.
Review of Grievance Form, dated 3/29/25, written by R16 stated incident occurred on 3/28/25 about 9pm. "He says he's a monk. He was angry with me because I had to go potty, and he refused to "deal" with me. He got me to the bed, made me sit up high on the bed, actually threw the walker, went and got a urinal and said that he was "fucking tired of this." Then he told me to get my legs up on the bed. I was too slow, so he grabbed my legs and roughly tossed them on the bed. Then I used the urinal, and he kept ranting. Then when I was done, he was having me move to my side and gave me a rough shove then something dropped behind the bed. Then he got scary. He clenched his teeth together got right in my face and said, "what's wrong with you fucking people." You put personal shit all over your bed, then he pulled the bed out while I was in it and found the call light. By then I was crying, then he said I didn't need to cry, he patted my hand, I am scared of him. I worry that he may hurt me or someone small and elderly. When I asked for a woman CNA and he said not to worry I'm not his type. I'd be concerned about his temper."
Review of Grievance Form, dated 3/29/25, completed by Rehabilitation staff (RS)1, documented that on 3/28/25 on the evening shift "[R16] reported to [RS1] during therapy session an incident that happened on night shift the previous night with CNA5. Pt stated "when I asked for a female shower aide, he said "You're not my type". [CNA5] was helping pt in bed and the call light fell off the bed. Pt reported [CNA5] stated with clenched teeth and in my face "I don't understand you fu***ing people leaving your sh** on the bed." Pt also stated "he folded the walker and threw it in the corner of the room." Pt reported at the end of session I'm "afraid" I have him again tonight. Reported to nursing."
Review of Oregon Department of Human Services (State Survey Agency) Nursing Facility Reported Incident (FRI) Form, dated 3/31/25 at 10:00 am, documented:
"*Purpose of form: A nursing facility must ensure all alleged violations are reported immediately to the administrator of the facility and to other officials, including the State Survey Agency (SSA), in accordance with §483.12(c)(1). A nursing facility should use this form to report FRIs that meet §483.12(c)(1) to Oregon's SSA, Safety, Oversight and Quality (SOQ), Nursing Facility (NF)Complaint Intake Unit.
*Reporting time frames: Immediately but no later than 2 HOURS after the allegation is made - If the alleged violation involves abuse (refer to Federal abuse definitions) or results in serious bodily injury (refer to Federal definition) or reasonable suspicion of a crime if the events that cause the suspicion result in serious bodily injury."
*The FRI form documented the form was completed on 3/31/25 at 10:00 am with "mistreatment" box checked as the alleged violation being reported. The checkbox for "abuse" was not checked. The incident date and when staff first became aware of the incident was documented as 3/29/25 at 10:46 pm when "Two residents reported that CNA was verbally aggressive with them, impatient and thew a walker in the room (not at the resident)." R16 was documented as one of the involved residents and CNA5 was documented as the reported perpetrator.
During an interview on 7/8/25 at 1:08 PM Director of Rehabilitation (DOR) stated that RS1 was not on the schedule today. DOR stated that RS1 was their Saturday therapist and provided services to R16 and R17 who both relayed concerns about CNA5 who cared for them the previous night. RS1 called him after completing grievance forms. DOR stated he then called the Administrator who stated she was already aware of the concerns. DOR stated he didn't have details about the residents' concerns. During joint review of grievance forms completed by RS1, DOR stated that the grievance forms were concerning because R16 stated that CNA5 used curse words, threw walker, R16 stated she was afraid and it sounded like CNA5 was intimidating to the resident. DOR stated that if he knew the details of the resident's concerns he would have changed his tone and communicated greater urgency when speaking with the Administrator. DOR stated that after the incident, the facility provided education about abuse reporting; what should be reported and when it should be reported.
During an interview on 7/8/25 at 2:24 PM with Clinical Resource Nurse (CRN) and Director of Nursing (DON) DON stated that Administrator told her there were grievances and two residents were not happy with CNA5 and did not want to work with him anymore, but they did not have the details. We checked and knew CNA5 was not scheduled to work that weekend. On Monday [3/31/25], when we saw the grievance forms, we talked to R16 and reported it to the State as a FRI on 3/31/25. DON stated that CNA5 was no longer working at the facility and stated that all staff, including RS1 and DOR, were provided with in-person education on grievances, how grievances are different than abuse and grievances can rise to abuse/neglect allegations, and provided training logs and training materials showing staff completed training on complaints and grievances policy and procedure and abuse (preventing, recognizing, and reporting).
During an interview on 7/8/25 at 3:56 PM with Administrator, CRN and DON, Administrator stated that DOR called her and said two residents stated they did not like CNA5 and DOR stated he would forward the grievance form, but the forms were never received. Administrator stated that on Monday, 3/31/25, when the grievance forms were reviewed, it raised concerns about abuse, therefore, it was immediately reported to the State. The Administrator stated that based on the allegations and concerns received RS1 should have called since they were abuse allegations and the grievance forms did not need to be completed. The Administrator stated that education was provided to all staff that grievances were different from abuse allegations and abuse allegations needed to be reported immediately.
Past noncompliance was determined as the noncompliance occurred after the exit date of the last standard (recertification) survey and before this current survey and facility provided sufficient evidence that the facility corrected the noncompliance and is in substantial compliance at the time of the current survey.