Other·March 12, 2021

F600 §483.12 Freedom from Abuse, Neglect, and Exploitation The resident has the right to be free from abuse, neglect, misappropriation of resident property, and exploitation as defined in this subpart. This includes but is not limited to freedom from corporal punishment, involuntary seclusion and any physical or chemical restraint not required to treat the resident's medical symptoms. §483.12(a) The facility must- §483.12(a)(1) Not use verbal, mental, sexual, or physical abuse, corporal punishment, or involuntary seclusion; On 12/10/2020, an unannounced visit was conducted at the facility to investigate an entity reported incident and two complaints regarding Quality of Care/Treatment; Resident Safety. The facility failed to ensure Resident 1 was free from physical abuse when certified nursing assistant A (CNA A) hit Resident 1 on her head. This failure had the potential to impact Resident 1's physical and mental well-being. Review of Resident 1's Admission Record indicated she was admitted to the facility on 3/3/15 with diagnoses including dementia (a loss of memory, language, problem-solving and other thinking abilities that are severe enough to interfere with daily life), muscle weakness, and difficulty in walking. Review of Resident 1's Minimum Data Set (MDS, a clinical assessment tool), dated 7/30/2020, indicated her cognition was severely impaired. Review of Resident 1's Communication Form and Progress Note, dated 10/8/2020, indicated the registered dietitian (RD) reported she witnessed CNA A hitting Resident 1 on top of her head. During an interview with RD on 12/11/2020 at 1 p.m., she stated about two months ago she walked by Resident 1's room. Resident 1 and CNA A were in the room. Resident 1 bent forward while sitting, and CNA A slapped Resident 1 on her head. Review of the facility's Investigation Report, dated 10/13/2020, indicated "After a long and thorough investigation and based on the facts presented, the incident indeed occurred." Review of the facility's policy dated 7/2018, "Abuse and Neglect Prohibition", indicated "Each resident has the right to be free from abuse, neglect, mistreatment, injuries of unknown origin, misappropriation of resident property, exploitation, corporal punishment, involuntary seclusion and any physical or chemical restraint not required to treat the resident's medical symptoms." In violation of the above cited standards, the facility failed to ensure Resident 1 was free from physical abuse when CNA A hit Resident 1 on her head. This failure had the potential to impact the physical and mental well-being of the resident. This violation caused or occurred under circumstances likely to cause significant humiliation, indignity, anxiety, or other emotional trauma to a patient.