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 immediately notify the local SPD office of any incident of suspected abuse for 1 of 1 sampled resident (#1) with reportable resident-to-resident altercations. Findings include, but are not limited to:
Resident 1 moved into the MCC in 10/2024 with diagnoses including Alzheimer’s disease.
Progress notes, incident and accident report forms (the tool used by the facility to investigate incidents), and interim service plans (ISP’s) were reviewed during the survey.
Resident 1 was involved in resident-to-resident altercations on the following dates:
* 02/23/25; and
* 03/12/25.
The altercations were not reported to the local SPD office as required. Survey requested the facility report the above incidents to the local SPD office. Verification was received on 06/11/25.
The need to ensure the facility immediately reported all physical altercations to the local SPD office as required was discussed with Staff 2 (MCC Administrator) on 06/11/25 at 2:15 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 observation, interview, and record review, it was determined the facility failed to report to the local Seniors and People with Disabilities (SPD) office if abuse or neglect could not be ruled out for 1 of 1 sampled resident (# 4) who had a reportable incident. This is a repeat citation. Findings include, but are not limited to:
Resident 4 moved to the facility in 09/2025 with diagnoses including dementia. During the acuity interview on 10/01/25, Resident 4 was identified as requiring a two-person assist with transfers.
Observations of the resident, interviews with staff, and review of the resident's clinical record were completed and revealed the following:
A progress note dated 09/21/25 stated, “Caregiver told me that she had another caregiver assist her with getting [Resident 4] from [his/her] bed to wheelchair.” The progress note further stated Resident 4 had “called other caregiver fat during the transfer, and the 2nd caregiver gripped [Resident 4’s] arm instead of doing the correct under arm assist and quickly transferred [him/her] while [Resident 4] was crying out in pain, saying ouch repeatedly.” Following the transfer the caregiver stated she “noticed a skin tear to [his/her] right arm, which was the side that 2nd caregiver had transferred [him/her] by.”
On 09/23/25, a note by the facility nurse stated, “This nurse assessed residents [sic] skin tear that occurred on incident on the 21st while care staff were assisting resident. This nurse observed a quarter size skin tear and some moderate bruising around tear, purple in color.”
In an interview with Staff 2 (MCC Administrator) on 10/01/25 at 12:32 pm, she confirmed there was no documented evidence the incident had been reported to the local SPD office. This surveyor requested Staff 2 report the above incident to the local SPD office. Documentation was provided to the survey team confirming the incident had been reported to the local SPD office on 10/01/25 at 1:17 pm.
The need to ensure incidents were immediately reported to the local SPD office when needed was discussed with Staff 1 (ED) on 10/02/25 at 12:00 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: