An employee at a Georgia assisted living facility has been charged with battery and elder exploitation following the death of a resident after an incident at the facility.
Deputies were called to the facility at the end of January after the director reported an incident involving a nursing assistant and an 82-year-old resident earlier that month. According to the director, the resident appeared to have fallen just before 11:30 p.m. on January 5, prompting his transfer to a local hospital. The resident later died on January 17.
After the death, staff reviewed surveillance footage from the facility, which revealed that the fall had occurred during an assault in which the nursing assistant struck the resident with either a hand or fist, causing the fall.
Facility management stated that the nursing assistant, a temporary employee hired through a staffing agency, was no longer employed at the facility. The nursing assistant has since been arrested and charged.
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 also be classified as providing substandard quality of care, leading to sanctions, civil penalties, or even criminal charges. Additionally, it is essential that abuse complaints be thoroughly documented, with all steps in the investigation and resolution process being recorded for legal protection and compliance.
Discussion Points
- Review and update your policies and procedures on preventing, identifying, and reporting abuse. Ensure that these procedures include a process for tracking and documenting abuse complaints, the steps taken to investigate, and follow-up actions.
- Train all staff on what is considered abuse, and the steps that should be taken when it is suspected. This training should be offered during new employee orientation, and repeated at least annually. Consider additional sessions if needed to address specific challenges or emerging trends. Ongoing education is critical, as abuse can sometimes be subtle, and staff must be equipped to recognize red flags and understand how to report concerns. Emphasize the importance of using the anonymous hotline and other confidential reporting methods to encourage staff to report without fear of retaliation.
- Periodically audit staff understanding to ensure that they are aware of the steps that should be taken if they suspect abuse, and their reporting options, including the use of the anonymous hotline. Audit care delivery through observation and interviews of residents receiving that care. Ensure that any complaints received are fully investigated, addressed appropriately, and reported per requirements.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
