South Carolina Attorney General Alan Wilson announced that his office’s Medicaid Fraud Control Unit (SCMFCU) had arrested a Certified Nursing Assistant (CNA) on four counts of Abuse of a Vulnerable Adult. An SCMFCU investigation revealed that on four separate dates, January 9, 2023, January 10, 2023, January 11, 2023, and February 1, 2023, while working as a CNA at a skilled nursing facility, the woman inflicted physical abuse on a vulnerable adult resident of the facility.
Specifically, it is alleged that on or about January 9, 2023, the CNA intentionally wrapped the victim’s head and face with clothing to restrict the victim’s movement, pushed the victim’s head into a bed, and pinned the victim’s arms under the defendant’s knees and body to subdue the victim’s movement.
It is also alleged that on three separate occasions, on or about January 10, 2023, January 11, 2023, and February 1, 2023, the CNA sprayed the victim’s head, face, and body with an aerosol deodorant in order to control the victim’s movement, pushed the victim’s head into a bed, and pinned the victim’s arms under the defendant’s knees and body to subdue and restrict the victim’s movement.
This case was referred to the SCMFCU for investigation by the SC Department of Aging, Office of the State Long-Term Care Ombudsman. It will be prosecuted by the Attorney General’s Office.
Abuse of a Vulnerable Adult is a felony, and upon conviction, has a penalty of up to five years in prison.
Compliance Perspective
Issue
Abuse is the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. 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. Reporting abuse, neglect, and exploitation is mandatory for all nursing facilities, and it is crucial that each facility have a process in place for reporting violations. Staff members should understand their role in identifying, reporting, and investigating abuse. 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. Provide education about the facility’s non-retaliation policy for reporting of concerns or participating in investigations, including that if someone discourages them from making a report or participating in fact finding efforts, they should report that too. 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.*
