Inspection Findings:
Based on interview and record review it was determined the facility failed to ensure Resident 1 was free from non-consensual sexual contact for 1 of 1 sampled resident (#1) reviewed for sexual abuse. This failure was determined to be an immediate jeopardy situation because the facility failed to investigate and report allegations of sexual abuse and follow Resident 1's care plan to ensure Resident 1's safety which resulted in physical injury and mental distress. Findings include:
Resident 1 admitted to the facility in 6/2022 with diagnoses including Huntington's disease (a condition that leads to progressive degeneration of nerve cells in the brain which affects movement, cognitive functions, and emotions) and anxiety.
The 12/28/22 Quarterly MDS revealed Resident 1 had a BIMS score of 6 which indicated severe cognitive impairment.
a. The 7/6/22 Cognitive Loss Care Plan indicated Resident 1 had impaired decision making skills which could lead to poor choices.
The 11/26/22 5:30 AM Progress Note indicated Resident 1 had occasional restlessness during the night, was resistive to cares, required two person staff assistance for cares and bloody discharge was noted in her/his brief.
The 11/26/22 Progress Note indicated Staff 5 (Agency LPN) was "summoned to resident room via CNA d/t [due to] copious amounts of blood in brief, on sheets and the floor...in addition to increased agitation and inconsolable behaviors." Staff 5 noted Resident 1 to have "more frequent movements while screaming out unintelligible statements." Resident 1 was "very resistive" to exam and "very guarded with genitals locking [her/his] legs closed at first." Resident 1 allowed Staff 5 to examine her/him when the male CNA stepped away. Resident 1 was noted to have copious amounts of bright red blood expelling from her/his vaginal area and had swelling and abrasions to the internal labia and vaginal vault. Resident 1 was unable to give a definitive response as to if sexual activity occurred with her/his significant other. When questioned the resident responded "I didn't want it. Maybe I did. It was rough. No, nothing happened." When questioned by Staff 5, Resident 1 was unable to vocalize if any foreign bodies were utilized. Resident 1 was "severely agitated" when EMS arrived. Resident 1's brief was changed prior to her/his transfer to the hospital and noted to be full of bright red blood. Staff 5 noted Resident 1's agitation increased with any male persons present which was a "new" behavior. Staff 5 indicated Witness 8 (Resident 1's Boyfriend) visited the prior evening and after Witness 8's departure staff noted increased resistance to cares and blood in Resident 1's brief.
The 11/26/22 Hospital Records indicated Resident 1 was evaluated in the Emergency Room for reported painful intercourse the night before. Resident 1's last menstrual period was two years prior. A pelvic exam was performed which revealed no evidence of trauma and minimal bleeding. Lab work and a pelvic ultrasound was completed with no findings of concern. Multiple etiologies of the vaginal bleeding were considered, findings were most consistent for "mild local trauma" however vaginal bleeding in a postmenopausal person "must be considered." Resident 1 was to follow-up with an OB/GYN in one to two weeks. [There was no evidence the hospital was informed of a possible sexual assault and a sexual assault kit was not completed. A full work-up for vaginal bleeding of unknown origin was completed. The hospital records provided conflicting accounts of trauma.]
Progress Notes revealed Resident 1 was on alert charting upon return from the hospital for vaginal bleeding but did not include monitoring for bruising around the breasts, genital area or inner thighs which could be further indication of a sexual assault.
The 12/2/22 Facility Investigation revealed "the ED [Emergency Department] notes stated that it was probably bleeding after menopause but could not definitively say for sure" and referred to OB/GYN for follow-up. The investigation further revealed "it is difficult to say if for sure the sexual encounter happened" and the resident "can be a poor historian." Immediate action to keep Resident 1 safe was to keep the room door open when Resident 1 visited with Witness 8 and provide frequent checks. The investigation indicated one OB/GYN declined to schedule the appointment due to Resident 1's Huntington's chorea (involuntary jerking or writhing) movements and the inability to conduct a pelvic exam. Resident 1's provider would follow-up and perform the pelvic exam once the proper equipment was ordered and received.
The 12/15/22 Provider Notes indicated Resident 1 was seen for an initial psychological visit for depression and to evaluate Resident 1's cognition. [There was no evidence of ongoing depression.]
There was no evidence in Resident 1's medical record of a history of vaginal bleeding. There was no evidence another OB/GYN was contacted or her/his provider completed a pelvic exam as ordered by the ED physician.
There was no evidence in facility records the equipment needed for a pelvic exam was ordered.
On 2/2/23 at 11:52 AM Staff 1 (Administrator) verified Resident 1's follow-up pelvic exam was not completed and the facility did not have the equipment needed.
On 2/3/23 at 2:00 PM Staff 5 (Agency LPN) stated Resident 1 had fresh blood and pea to quarter sized clots in her/his brief. Resident 1's outer labia was "very red" and there was some redness/irritation around the vaginal vault; and said, "It looked like it was traumatized." Staff 5 stated Witness 8 was "rough around the edges", could be "foul", "belligerent", carry alcohol and smelled of alcohol. Staff 5 stated she worked at the facility since 8/2022 and Resident 1 never had vaginal bleeding prior to the 11/26/22 incident.
On 2/9/23 at 9:57 AM Staff 1 stated the facility did not report the 11/26/22 incident to law enforcement and she contacted two people from the State of Oregon (Witnesses 5, Operations and Policy Analyst and 6, Interim Program Manager) who told her she did not have to report the incident. Staff 1 stated she had no nursing background and did not know why after the 11/26/22 incident Resident 1 was only on alert charting for vaginal bleeding, did not include monitoring for bruising around the breasts, genital area or inner thighs and verified Resident 1 had not been tested for any sexually transmitted diseases. Staff 1 verified the facility did not follow-up with an OB/GYN as ordered by the hospital physician and further stated the facility could not restrain Resident 1 like the hospital was allowed to do. Staff 1 acknowledged the 11/26/22 progress note indicated Resident 1 had increased agitation, trauma to the genital area, blood and a change in behavior when around males; all of which were indications of sexual abuse.
On 2/9/23 at 4:00 PM Witness 5 and Witness 6 were interviewed. Witness 5 stated she instructed Staff 1 to notify local law enforcement. Witness 6 stated he discussed the situation with Witness 5, agreed the facility needed to notify local law enforcement and did not communicate directly with the facility.
On 2/15/23 at 5:02 PM Witness 7 (ED Physician) stated Resident 1's transfer to the hospital was not reported as an alleged sexual assault. Witness 7 stated if it had a full sexual assault exam would have been completed including getting samples, testing for sexually transmitted diseases and having law enforcement involvement. Witness 7 stated "it would have been a completely different exam" and the vaginal ultrasound would not have been ordered unless the sexual assault exam warranted it. Witness 7 stated, "100% we would never restrain [anyone] for a pelvic exam" and further stated performing the pelvic exam on Resident 1 was "no trouble."
b. The 7/6/22 Cognitive Loss Care Plan indicated Resident 1 had impaired decision making skills which could lead to poor choices. A 12/2/22 revised intervention instructed staff to determine if decisions made by the resident endangered the resident or others and to intervene if necessary. It further indicated to provide supervision as needed by leaving the room door open when Witness 8 (Resident 1's Boyfriend)visited.
The current care plan as of 2/9/23 did not indicate a visitor restriction was in place.
A 12/31/22 at 1:38 AM Progress Note indicated Resident 1 had a large amount of blood in her/his brief after Witness 8 had visited with the room door closed.
A 12/31/22 at 12:52 PM Progress Note revealed Resident 1 had a small amount of blood in her/his brief.
Progress notes revealed Resident 1 was placed on alert charting for vaginal bleeding only.
There was no evidence in the medical record the family or physician was notified, the root cause of the resident's bleeding was assessed by nursing staff, the resident was evaluated by a physician or a facility investigation was completed.
On 2/3/23 at 2:00 PM Staff 5 (Agency LPN) stated the facility used a lot of agency staff and few regular facilty staff. Staff 5 stated there was never education for agency staff such as where to read care plans, how to read them, or if any resident needed something specific. Staff 5 stated it was "really scary" to be an agency nurse at this facility.
On 2/8/23 at 9:53 AM Staff 2 (LPN Resident Care Manager) stated Resident 1 did not have any vaginal bleeding prior to the 11/26/22 incident and had none since the 12/31/22 incident. Staff 2 verified Resident 1 had no incidents of vaginal bleeding since Witness 8 was banned from the building.
On 2/9/23 at 9:57 AM Staff 1 (Administrator) stated she did not complete a FRI or formal facility investigation of the 12/31/22 incident. Staff 1 stated she did not report the 12/31/22 incident to law enforcement because she contacted two people from the State of Oregon (Witnesses 5, Operations and Policy Analyst and 6, Interim Program Manager) who told her she did not have. Staff 1 verified Resident 1's care plan instructed staff to leave the resident room door open when Witness 8 visited yet Resident 1's 12/31/22 progress note revealed Resident 1's door was shut during the visit. Staff 1 stated the nursing staff believed the vaginal bleeding was her/his menstrual cycle because Resident 1 told staff it was her/his "period" and the events were approximately four weeks apart. [Resident 1 has severe cognitive impairment and her/his last menstrual period was 2 years prior per hospital records.] Staff 1 stated she had no nursing background and did not know why after the 12/31/22 incident Resident 1 was only on alert charting for vaginal bleeding, did not include monitoring for bruising around the breasts, genital area or inner thighs and verified Resident 1 was not tested for any sexually transmitted diseases. Staff 1 stated Witness 8 was banned from the facility but acknowledged this information was not on Resident 1's care plan. Staff 1 further stated this information was posted at the nurses station. When asked to show this surveyor where the posting was, Staff 1 was unable to locate the posting. After several minutes of looking for the posting Staff 1 found the posting on the bulletin board in the staff break room. Staff 1 agreed if a new agency nurse worked at the facility they would not have this information at the beginning of their shift.
On 2/9/23 at 4:00 PM Witness 5 and Witness 6 were interviewed. Witness 5 stated she instructed Staff 1 to notify local law enforcement. Witness 6 stated he discussed the situation with Witness 5, agreed the facility needed to notify local law enforcement and did not communicate directly with the facility.
On 2/15/23 at 10:52 AM the facility was notified of the Immediate Jeopardy (IJ) situation and an immediacy removal plan was requested.
On 2/15/23 at 1:21 PM the facility submitted an acceptable immediacy removal plan which would abate the IJ situation.
The immediacy removal plan included the following:
*The boyfriend of Resident 1 is no longer allowed in the building as the police have restricted him from the building. The resident is two person care. A sign has been placed at the nurse's station for all staff to see. A care conference was done with the daughter to talk with her about the resident's cognition.
*The facility will interview current residents within 48 hours to ensure they feel safe in the facility and with visitors. Will assess by an RN the five out of the six females with severe and moderate cognitive impairment for ability to consent within 48 hours. One female already has a guardian in place.
*Care plan will be updated for Resident 1 within 48 hours.
*Facility will in-service all staff starting today to reeducate them on the importance of abuse and reporting abuse within the next 48 hours and as they come on shift.
*DNS/Designee will audit progress notes weekly.
*Each care plan will be updated to reflect any visitor exemptions and signage will be placed at the nurse's station today.
*Agency book will be updated, and a sign will be placed at the nurses' station, so agency know where to find the agency book.
*Regional Nursing Consultant will reeducate the Administrator on the importance of abuse and reporting abuse within the next 48 hours.
*Will continue interviewing residents at random per MDS schedule to ensure all residents are interviewed each quarter. If blood appears in resident's brief again MD will be notified, resident will be interviewed and assessed. If needed, police will be called and resident will be sent to the ER, and a FRI will be submitted.
On 2/17/23 at 3:14 PM it was determined through staff interviews and review of facility documentation revealed all aspects of the POC were implemented and completed.
Plan of Correction:
F600: Immediate: The boyfriend of Resident 1 is no longer allowed in the building as the police have restricted him from the building. The resident is two-person care. A sign has been placed at the nurses station for all staff to see. A care conference was done with the daughter to talk with her about the residents cognition already.
Identify others that may have been affected: The facility will interview current residents within 48 hours to ensure they feel safe in the facility and with visitors. Will assess by an RN the 5 out of the 6 females with severe and moderate cognitive impairment for ability to consent within 48 hours. One female already has a guardian in place.
What changes will be made: Care plan will be updated for Resident 1 within 48 hours. Facility will in-service all staff starting today to reeducate them on the importance of abuse and reporting abuse within the next 48 hours and as they come on shift. DNS/Designee will audit progress notes weekly. Each care plan will be updated to reflect any visitor exemptions and signage will be placed at the nurses station today. Agency book will be updated, and a sign will be placed at the nurses station, so agency know where to find the agency book. Regional Nursing Consultant will reeducate the Administrator on the importance of abuse and reporting abuse within the next 48 hours.
How will we monitor the changes: Will continue interviewing residents at random per MDS schedule to ensure all residents are interviewed each quarter. If blood appears in resident 1’s brief again MD will be notified, resident will be interviewed and assessed. If needed, police will be called and resident will be sent to the ER, and a FRI will be submitted. DNS or designee will audit residents weekly x 4 then monthly for allegations and report as indicated Results will be taken to QAPI monthly for root cause analysis and PIP review.