A Kansas nursing home employee was arrested February 2, 2023, and accused of hitting and kicking a 74-year-old resident, according to court documents. The certified nurse aide (CNA 1) was charged with mistreatment of a dependent adult after she allegedly struck a woman with dementia while attempting to dress and bathe her. The resident was found with bruises on her lower back and possibly her ankle, where a witness said the CNA had struck her.
Police were called to the facility on October 19, 2022. Another employee (CNA 2) told officers she had seen CNA 1 enter into a physical altercation with the resident five days earlier. She said the resident had become difficult while CNA 1 tried to undress her and give her a bath. CNA 1 allegedly began to yell at the resident, and in turn, the resident hit her. CNA 1 then proceeded to give the resident a bath, but seemed to be hurting her in the process, according to CNA 2. While the two argued, CNA 1 allegedly told CNA 2 to forcefully grab the resident. CNA 2 refused and said she saw CNA 1 force the resident on the toilet before kicking her ankle monitor. CNA 2 also claimed that CNA 1 hit the resident on the back and buttocks.
CNA 1 was terminated on October 20. She had been employed at the facility since 2019. She was later interviewed by police, but denied working that day and accused another employee of hurting the resident. After reviewing the work schedule, detectives determined CNA 1 had been at work at the time the alleged incident occurred. She was arrested on February 2, and released on a $75,000 bond a day later. She is scheduled to appear in court for a preliminary hearing April 19.
Compliance Perspective
Issue
According to F600 in the State Operations Manual, Appendix PP, residents have the right to be free from abuse, neglect, misappropriation of resident property, and exploitation. Abuse is the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. Instances of abuse of all residents, irrespective of any mental or physical condition, cause physical harm, pain, or mental anguish. Reporting abuse, neglect, and exploitation is mandatory for all nursing facilities. It is crucial that each nursing facility have a process in place for reporting violations. Staff members should understand their role in identifying, reporting, and investigating abuse. Failure to report in the appropriate time frame is a violation of F609 Reporting of Alleged Violations, and can result in citations at the immediate jeopardy level. Substantiated violations may be considered provision of substandard quality of care, resulting in sanctions and civil or criminal charges.
Discussion Points
- Review your policies and procedures on preventing, identifying, and reporting abuse. Update them as necessary.
- Train staff on an ongoing basis regarding how to provide care to persons with cognitive impairments, preventing abuse and neglect, and reporting suspected incidents to a supervisor or through the facility’s hotline. Document that the training occurred, and record in each employee’s education file.
- Audit to ensure staff understand what to do if a resident resists care or demonstrates physical or verbal aggression toward them. Also audit staff understanding to ensure that they are aware of the steps they should take if they suspect or witness abuse, and their reporting options, including the use of the anonymous hotline.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
