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 resident injuries of unknown cause were immediately investigated to rule out abuse or neglect, and/or reported to the local Seniors and People with Disability (SPD) office for 2 of 2 sampled residents (#s 1 and 2) who had experienced injuries of unknown cause. Findings include, but are not limited to:
1. Resident 2 was admitted to the facility in 02/2020 with diagnoses including breast cancer, bilateral hip fractures, and osteoporosis.
Review of Resident 2’s progress notes, dated 10/14/24 through 01/14/25, revealed the resident had experienced the following:
* 12/05/24- Staff discovered a “thumb-sized bruise” on the resident’s right shin. The resident stated s/he did not know how it happened; and
* 12/23/24- A bruise was discovered, with “blood pooling beneath skin on left wrist”. The resident stated s/he was unsure how it occurred.
There was no documented evidence the facility investigated these incidents to reasonably rule out abuse or neglect.
On 01/16/25 at 12:20 pm, Staff 1 (Administrator) verified the incident had not been investigated or reported to the local unit. The surveyor requested the facility report the injuries to the local SPD office.
On 01/16/25 at 2:15 pm, the need to investigate resident injuries of unknown cause immediately and report them to the local SPD office if abuse and/or neglect could not be ruled out, was discussed with Staff 1 and Staff 2 (RN). They acknowledged the findings.
On 01/17/25 at 9:20 am, Staff 1 presented the surveyor with confirmation the reports had been completed.
2. Resident 1 moved into the facility in 02/2024 with diagnoses including coronary artery disease, vertigo, and PTSD. The resident’s 10/14/24 through 01/14/25 observation notes were reviewed.
An observation noted dated 11/18/24 documented, “…[s/he] has a fist size bruise on [his/her] right elbow area that is dull yellow and maroon in color…[s/he] reports not knowing how [s/he] got it but said it was a few days old.”
There was no documented evidence the facility completed an immediate investigation that ruled out abuse or neglect for this injury of unknown cause. During an interview on 01/16/25, Staff 2 (RN) and Staff 6 (RCC) confirmed the injury lacked an investigation to rule out abuse and had not been reported to the local Seniors and People with Disability (SPD) office. The survey team requested the injury be reported, and confirmation was received at 9:30 am on 01/17/25.
The need to ensure the facility promptly investigated all injuries of unknown cause to rule out abuse, and reported to the local SPD office when necessary, was discussed with Staff 1 (Administrator) on 01/17/25 at 10:45 am. 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:
Plan of Correction:
On 1/16/25, Abuse Reporting forms for Resident 1 and Resident 2 were completed for injuries of unknown cause that were discovered during the survey process. Abuse Reporting Forms and chart notes were submitted 1/16/25 to the local SPD office.
On 1/30/25 Health Services Director (HSD), RCC, and Administrator reviewed reporting and investigating abuse with RN Consultant Kathleen Elias.
On 1/29/25, Abuse reporting reviewed at facility All-Staff Meeting.
On 2/6/25, immediate investigation of injuries of unknown cause and reporting abuse to be reviewed with Med Tech and Caregiving staff, including incident report completion, resident interview process, internal notifications, and external notifications.
HSD to provide ongoing education to staff at monthly meetings and as needed.
The Administrator is responsible to ensure that incidents are investigated timely and any injury of unknown cause is reported to the local SPD office.