Regulation:
OAR 411-054-0028 (1-3) Reporting & Investigating Abuse-Other Action
(Amended 12/15/21)(1) The facility must have policies and procedures in place to assure the prevention and appropriate response to any incident. In the case of incidents of abuse, suspected abuse, or injury of unknown cause, policies and procedures must follow the requirements outlined below. In the case of incidents that are not abuse or injuries of unknown cause where abuse has been ruled out, the facility must have policies and procedures in place to respond appropriately, which may include such things as re-assessment, monitoring, or medication review. (2) ABUSE REPORTING. Abuse is prohibited. The facility employees, agents and licensee must not permit, aid, or engage in abuse of residents who are under their care. (a) STAFF REPORTING. All facility employees are required to immediately report abuse and suspected abuse to the local SPD office, or the local AAA, the facility administrator, or to the facility administrator's designee. (b) FACILITY REPORTING. The facility administrator, or designee, must immediately notify the local SPD office, or the local AAA, of any incident of abuse or suspected abuse, including events overheard or witnessed by observation. (c) LAW ENFORCEMENT AGENCY. The local law enforcement agency must be called first when the suspected abuse is believed to be a crime (e.g., rape, murder, assault, burglary, kidnapping, theft of controlled substances, etc.). (d) INJURY OF UNKNOWN CAUSE. Physical injury of unknown cause must be reported to the local SPD office, or the local AAA, as suspected abuse, unless an immediate facility investigation reasonably concludes and documents that the physical injury is not the result of abuse. (3) FACILITY INVESTIGATION. In addition to immediately reporting abuse or suspected abuse to SPD, AAA, or the law enforcement agency, the facility must promptly investigate all reports of abuse and suspected abuse and take measures necessary to protect residents and prevent the reoccurrence of abuse. Investigation of suspected abuse must document: (a) Time, date, place and individuals present; (b) Description of the event as reported; (c) Response of staff at the time of the event; (d) Follow-up action; and (e) Administrator's review.
Inspection Findings:
Based on interview and record review, it was determined the facility failed to ensure injuries of unknown cause were reported to the local SPD office as suspected abuse, unless an immediate facility investigation reasonably concluded and documented that the injury was not the result of abuse for 3 of 4 sampled residents (#s 6, 8, and 9) whose incidents were reviewed. Findings include, but are not limited to:
1. Resident 9 moved into the facility in 04/2024 with diagnoses including dementia.
The resident's progress notes, dated 10/12/24 through 12/30/24, and a facility investigation, dated 12/12/24, were reviewed and revealed the following:
On 12/13/24, staff documented, “Resident being monitored for a skin issue starting 12/12/24. Resident has bruising to the left side of their [chest]. Please monitor if bruise gets bigger, swelling, changes in pain or discomfort. Please notify [RN]/MT if there are any changes.”
Per the facility investigation, “Resident is unable to state what happened or how [s/he] got the bruise.” On 12/13/24, staff documented, “While ruling out abuse and neglect it appears to be a new blister on [Resident 9’s] left rib cage. While interviewing caregivers” “none of the caregivers recall seeing the area that appears to be a blister on [his/her] rib cage.”
The investigation dated 12/12/24 had no documented evidence the injury of unknown cause was not the result of abuse. Staff 5 (RCC) verified on 01/07/25 at approximately 4:00 pm the incident had not been reported to the local SPD office.
Survey requested the facility report the incident and received verification of the report on 01/08/25 at 11:45 am.
The need to ensure all injuries of unknown cause were reported to the local SPD office as suspected abuse, unless an immediate facility investigation reasonably concluded and documented that the injury was not the result of abuse was discussed with Staff 1 (ED), Staff 2 (MC Administrator), and Staff 5 on 01/08/25 at 10:22 am. They acknowledged the findings.
2. Resident 8 moved into the facility in 06/2022 with diagnoses including dementia.
The resident’s progress notes, dated 10/08/24 through 01/06/25, and facility investigations, dated 10/07/24 through 01/05/25, and interviews with staff revealed the following:
On 11/23/24, staff documented, “Bruise on right forearm is about 9 cm long and 5 cm wide. Dark purple/red in color.”
According to the facility’s investigation, the resident was unable to explain how the s/he acquired the bruise on their arm. The facility was unsure of the origin of the bruise. Additionally, it was stated the incident was reported to the local SPD office, however, there was no confirmation that the incident had been reported. During the survey, facility staff contacted local SPD office to obtain the case number of the incident, but SPD staff reported that they had not received the report. The facility subsequently reported the incident to the local SPD office on 01/09/25 and confirmation of the report was provided before the survey exited.
On 01/09/25 at 9:50 am, the finding was shared with Staff 2 (MC Administrator). Staff acknowledged the findings.
3. Resident 6 moved into the facility in 01/2021 with diagnoses including Alzheimer’s disease.
The resident’s progress notes, dated 10/08/24 through 01/06/25, and a “Skin Incident” investigation, dated 10/09/24, were reviewed. Interviews with staff were completed and the following was revealed:
On 10/09/24, staff documented in the progress notes that Resident 6 had a, “dark purple/blue bruise with no drainage, bleeding or pain.”
According to the facility’s “Skin Incident” investigation dated 10/09/24, the resident was unable to explain how s/he acquired the bruise on his/her arm, and the facility was “unsure how the bruise appeared.” The incident report documented the bruise was reported to the local SPD (Seniors and People with Disabilities) office; however, the facility did not have confirmation the injury of unknown cause had been reported. During the survey, facility staff contacted the local SPD office to obtain the case number of the incident, but Staff 2 (MC Administrator) confirmed on 01/08/25 at approximately 12:55 pm that the SPD office did not have documentation the incident was reported. The facility subsequently reported the bruise on 01/08/25, and confirmation of the reporting was provided to the survey team prior to exit.
The need to ensure all injuries of unknown cause were reported to the local SPD office as suspected abuse, unless an immediate facility investigation reasonably concluded and documented the injury was not the result of abuse was discussed with Staff 2 on 01/08/25 at 1:23 pm. She acknowledged the findings.
OAR 411-054-0028 (1-3) Reporting & Investigating Abuse-Other Action
(Amended 12/15/21)(1) The facility must have policies and procedures in place to assure the prevention and appropriate response to any incident. In the case of incidents of abuse, suspected abuse, or injury of unknown cause, policies and procedures must follow the requirements outlined below. In the case of incidents that are not abuse or injuries of unknown cause where abuse has been ruled out, the facility must have policies and procedures in place to respond appropriately, which may include such things as re-assessment, monitoring, or medication review. (2) ABUSE REPORTING. Abuse is prohibited. The facility employees, agents and licensee must not permit, aid, or engage in abuse of residents who are under their care. (a) STAFF REPORTING. All facility employees are required to immediately report abuse and suspected abuse to the local SPD office, or the local AAA, the facility administrator, or to the facility administrator's designee. (b) FACILITY REPORTING. The facility administrator, or designee, must immediately notify the local SPD office, or the local AAA, of any incident of abuse or suspected abuse, including events overheard or witnessed by observation. (c) LAW ENFORCEMENT AGENCY. The local law enforcement agency must be called first when the suspected abuse is believed to be a crime (e.g., rape, murder, assault, burglary, kidnapping, theft of controlled substances, etc.). (d) INJURY OF UNKNOWN CAUSE. Physical injury of unknown cause must be reported to the local SPD office, or the local AAA, as suspected abuse, unless an immediate facility investigation reasonably concludes and documents that the physical injury is not the result of abuse. (3) FACILITY INVESTIGATION. In addition to immediately reporting abuse or suspected abuse to SPD, AAA, or the law enforcement agency, the facility must promptly investigate all reports of abuse and suspected abuse and take measures necessary to protect residents and prevent the reoccurrence of abuse. Investigation of suspected abuse must document: (a) Time, date, place and individuals present; (b) Description of the event as reported; (c) Response of staff at the time of the event; (d) Follow-up action; and (e) Administrator's review.
This Rule is not met as evidenced by:
Based on interview and record review, it was determined the facility failed to ensure injuries of unknown cause were reported to the local SPD office as suspected abuse, unless an immediate facility investigation reasonably concluded and documented that the injury was not the result of abuse for 1 of 2 sampled residents (# 10) whose incidents were reviewed. This is a repeat citation. Findings include, but are not limited to:
Resident 10 moved into the facility in 04/2025 with diagnoses including dementia.
The resident's progress notes, dated 04/29/25 through 05/20/25, were reviewed and revealed the following:
On 05/02/25, staff documented, “[At 4:00 am] caregiver noted light [reddish] like [smear] of blood on [his/her brief] unable to find where [it] was coming from”.
There was no documented evidence the facility reported the incident to the local SPD office or that the facility conducted an immediate investigation to rule out abuse.
Survey requested the facility report the incident and received verification of the report on 05/22/25 at 2:13 pm.
The need to ensure all injuries of unknown cause were reported to the local SPD office as suspected abuse, unless an immediate facility investigation reasonably concluded and documented that the injury was not the result of abuse was discussed with Staff 2 (MC Administrator) and Staff 3 (Health Services Director) on 05/22/25. They acknowledged the findings.
OAR 411-054-0028 (1-3) Reporting & Investigating Abuse-Other Action
(Amended 12/15/21)(1) The facility must have policies and procedures in place to assure the prevention and appropriate response to any incident. In the case of incidents of abuse, suspected abuse, or injury of unknown cause, policies and procedures must follow the requirements outlined below. In the case of incidents that are not abuse or injuries of unknown cause where abuse has been ruled out, the facility must have policies and procedures in place to respond appropriately, which may include such things as re-assessment, monitoring, or medication review. (2) ABUSE REPORTING. Abuse is prohibited. The facility employees, agents and licensee must not permit, aid, or engage in abuse of residents who are under their care. (a) STAFF REPORTING. All facility employees are required to immediately report abuse and suspected abuse to the local SPD office, or the local AAA, the facility administrator, or to the facility administrator's designee. (b) FACILITY REPORTING. The facility administrator, or designee, must immediately notify the local SPD office, or the local AAA, of any incident of abuse or suspected abuse, including events overheard or witnessed by observation. (c) LAW ENFORCEMENT AGENCY. The local law enforcement agency must be called first when the suspected abuse is believed to be a crime (e.g., rape, murder, assault, burglary, kidnapping, theft of controlled substances, etc.). (d) INJURY OF UNKNOWN CAUSE. Physical injury of unknown cause must be reported to the local SPD office, or the local AAA, as suspected abuse, unless an immediate facility investigation reasonably concludes and documents that the physical injury is not the result of abuse. (3) FACILITY INVESTIGATION. In addition to immediately reporting abuse or suspected abuse to SPD, AAA, or the law enforcement agency, the facility must promptly investigate all reports of abuse and suspected abuse and take measures necessary to protect residents and prevent the reoccurrence of abuse. Investigation of suspected abuse must document: (a) Time, date, place and individuals present; (b) Description of the event as reported; (c) Response of staff at the time of the event; (d) Follow-up action; and (e) Administrator's review.
This Rule is not met as evidenced by: