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 Seniors and People with Disability (SPD) office as suspected abuse, unless an immediate facility investigation reasonably concluded and documented the injury was not the result of abuse for 2 of 2 sampled residents (#s 1 and 2) whose incidents were reviewed. Findings include, but are not limited to:
1. Resident 1 was admitted to the facility in 2021 with diagnoses including dementia.
Resident 1’s service plan, dated 07/17/25, noted the resident was dependent on staff for ADL care and was identified to be at risk for falls.
Progress notes reviewed between 06/05/25 through 08/26/25 noted the following:
* 06/19/25 - “…resident had a quarter sized bruise on the back of [his/her] upper thigh.”
On 08/27/25 at 9:16 am, an interview with the resident was attempted. Resident 1 “was not able to respond to surveyor questions.”
There was no documented evidence of an investigation of the injury of unknown cause to rule out abuse.
The facility was instructed to report the injury of unknown cause to the local SPD office. Investigation of the injury of unknown cause was completed on 08/28/25 at request of the surveyor. The completed investigation reasonably ruled out abuse.
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 physical injury was not the result of abuse, was discussed with Staff 1 (ED) and Staff 2 (MC Wellness Manager/LPN) on 08/28/25 at 3:12 pm. Staff acknowledged the findings.
2. Resident 2 moved into the community in 10/2021 with diagnoses including dementia and hypothyroidism.
The resident’s 06/03/25 through 08/27/25 progress notes and incident reports were reviewed. The following was identified:
A 08/06/25 progress note documented, “Quarter-sized bruise to right forearm is noted. It is dark purple on the outside with a reddened center.”
There was no documented evidence that the injury of unknown cause was immediately investigated to rule out abuse.
During an interview at 11:20 am on 08/28/25, Staff 2 (MC Wellness Manager/LPN) confirmed the above injury lacked an investigation and had not been reported to the local Seniors and People with Disabilities (SPD) office. The surveyor requested the above injury be reported to the local SPD office, and confirmation was received at 12:20 pm on 08/28/25.
The need to report injuries of unknown cause to the local SPD office unless an immediate investigation reasonably ruled out abuse was discussed with Staff 1 (ED), Staff 2, Staff 13 (Regional RN), and Witness 1 (Nurse Consultant) on 08/28/25. 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:
Plan of Correction:
1. LN investigated the incident that occurred and reported the injury of unknown origin to APS as directed.
2. ED/LN will review and investigate all incidents within 24 hours and if unable to definitively rule out abuse will report to APS immediately.
3. Daily review of all incidents, alert charting, and 24 hour log to investigate all incidents. Weekly evaluation once weekly to ensure correction is maintained.
4. LN/ED will be responsible to see that corrections are completed and monitored.