The South Carolina Attorney General announced that his office’s Medicaid Fraud Control Unit (SCMFCU) arrested two women, each on two charges of Neglect of a Vulnerable Adult. They were both booked into a county detention center on December 5, 2022.
A joint investigation by the Spartanburg Police Department and the SCMFCU revealed that between September 9, 2022, and September 11, 2022, while employed as Licensed Practical Nurses (LPNs) at a skilled nursing facility in Spartanburg, both nurses are alleged to have knowingly and willfully failed to provide the care necessary to maintain the health and safety of two nursing home residents. Specifically, the SCMFCU charges that both defendants intentionally failed to change the victims’ wound dressings, causing their wounds to increase in size, resulting in both victims suffering unnecessary harm and risk to their physical health. During the time of the alleged misconduct, the victims were classified as vulnerable adults under South Carolina law based upon their residence in a residential or skilled nursing facility.
This incident was reported to law enforcement by the nursing home, who cooperated fully with investigators. The two nurses will be prosecuted by the Attorney General’s Office. Neglect of a Vulnerable Adult is a felony and, upon conviction, has a penalty of up to five years in prison.
Compliance Perspective
Issue
F686 Skin Integrity in the State Operations Manual Appendix PP states that based on the comprehensive assessment of a resident, facilities must ensure that a resident receives care, consistent with professional standards of practice, to prevent pressure ulcers and does not develop pressure ulcers unless the individual’s clinical condition demonstrates that they were unavoidable. It also states that a resident with pressure ulcers must receive necessary treatment and services, consistent with professional standards of practice, to promote healing, prevent infection, and prevent new ulcers from developing.
Discussion Points
- Review policies and procedures regarding provision of care to prevent, treat, and heal pressure ulcers, including the involvement of a wound care provider.
- Train staff about abuse and neglect and the protocols they should follow to prevent development of pressure ulcers, and provide education on proper wound care for healing of existing wounds. Perform annual competency determinations of appropriate staff members’ ability to perform wound care and to implement preventive measures. Provide additional training where needed.
- Periodically audit to determine if protocols for preventing and treating/healing pressure ulcers are in place and being followed. Ensure that care plans include the appropriate goals and interventions for wound prevention and treatment. Perform periodic visual checks to determine that wound care and dressing changes have occurred as ordered and that documentation in the Treatment Administration Records (TARs) is accurate. Also periodically audit staff understanding to ensure that they are aware of the steps that should be taken if they suspect abuse or neglect, and their reporting options, including accessing the anonymous hotline if necessary.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
