A 57-year-old man from Washington DC was sentenced on February 1, 2024, in Superior Court for one count of criminal abuse of a vulnerable adult or elderly person. The defendant was employed as a customer service representative and smoking aide at a nursing home. His job duties included taking residents outside of the facility to their designated smoking area.
On November 29, 2021, a resident of the facility reported that a staff member pushed him from his wheelchair while he was attempting to enter the smoking area. The resident has physical and psychological disabilities that would classify him as a “vulnerable adult” under DC Code § 22-932.
During a subsequent interview, the resident stated that the staff member, identified as the defendant, pushed him and he fell out of his wheelchair and onto the ground, where he lay for several minutes without assistance from the defendant. After reviewing video of the incident, the defendant was immediately suspended from the nursing home, and the abuse was reported to the District’s Department of Health.
The defendant pleaded guilty, and Superior Court Judge Deborah J. Israel ordered him to serve 180 days in jail, suspended, 18 months of supervised probation, and mental health and drug treatment services as deemed necessary. She also ordered that the defendant make a $50 payment to the Victims of Violent Crimes Fund.
Compliance Perspective
Issue
Abuse is the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. Instances of abuse of residents, irrespective of any mental or physical condition, cause physical harm, pain, or mental anguish. According to F600 in the State Operations Manual, Appendix PP, the resident has the right to be free from abuse, neglect, misappropriation of resident property, and exploitation. 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 all staff on what is considered abuse, and the steps that should be taken when it is suspected. Offer the training during new employee orientation, repeat at least annually, and more often if needed. Document that the training occurred, and record in each employee’s education file.
- 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, LLC for informational purposes only and is not intended to provide legal advice.*
