F 0610
Respond appropriately to all alleged violations.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview, and record review, the facility failed to ensure staff reported allegations of abuse timely and
thoroughly investigate an alleged incident of sexual abuse by a cognitively impaired male resident, (#2),
resulting in a delay of implementation of appropriate corrective actions, based on the result of the
investigation findings.Findings:Review of resident #1's medical record revealed she was admitted to the
facility on [DATE] with diagnoses that included Alzheimer's disease with late onset, schizoaffective disorder
bipolar type, mood disorder, disorder of psychological development, and attention-deficit hyperactivity
disorder.Review of resident #1's quarterly Minimum Data Set (MDS) assessment dated [DATE] revealed
she had clear speech, was able to be understood, and could understand others. Her Brief Interview of
Mental Status (BIMS) score was 10 out of 15, which indicated moderate cognitive impairment.Resident #2's
record revealed he was admitted to the facility on [DATE] with diagnoses that included dementia, alcohol
abuse with alcohol-induced psychotic disorder, and primary insomnia.The quarterly MDS assessment for
resident #2 dated 7/29/25 revealed he had clear speech, was able to be understood, and was able to
understand others. His BIMS score was 6 out of 15, which indicated severe cognitive impairment.Review of
resident #2's medical record revealed he had a care plan initiated on 6/02/14 for the use of psychotropic
medications related to behavior management. The care plan was initiated on 6/01/24 and was revised on
10/17/24.On 10/09/25 at 1:40 PM, resident #1 was in her room sitting in a chair by the window next to her
bed. She expressed she was fearful but was willing to speak about the incident on 10/06/25. The resident
explained that night around 9:00 PM, she was asleep in her bed when she was awakened by resident #2
touching her back, arm, and stomach. She recalled she immediately screamed and resident #2 exited the
room. Resident #1 said she walked out of her room and saw resident #3 in the hallway who told her he
heard her scream. She asked resident #3 to tell the nurse. Resident #1 conveyed the nurse came to see
her and asked her what happened but did nothing else in regard to ensuring resident #2 did not repeat his
actions. Resident #1 reported she could not sleep well that night because she was scared that resident #2
would come back to the room. She said she called her sister that night and told her what had happened,
and, in the morning, she saw resident #2 still wandering in the hallway.On 10/09/25 at 1:29 PM, resident #3
stated that on 10/06/25 at approximately 9:00 PM, he was in his room, sitting in his wheelchair and had a
clear view of the hallway. He recalled he saw resident #2 walking down the hallway towards resident #1's
room and moments later heard her scream. He went towards resident #1's room and she was coming out of
the room. She seemed scared and told him that resident #2 had come into the room and touched her while
she was asleep. Resident #3 said she asked him to tell the nurse because she was scared to do it herself.
Resident #3 said he spoke with Licensed Practical Nurse (LPN) B at the nurses' station and told him what
he had witnessed. He remembered resident #1 joined them a few moments later at the nurses' station and
told LPN B what happened. Resident #3 said LPN B took resident #1 back to her room and attempted to
calm her down but he did not recall
Residents Affected - Few
(continued on next page)
Any deficiency statement ending with an asterisk (*) denotes a deficiency which the institution may be excused from correcting providing it is determined that other
safeguards provide sufficient protection to the patients. (See instructions.) Except for nursing homes, the findings stated above are disclosable 90 days following the
date of survey whether or not a plan of correction is provided. For nursing homes, the above findings and plans of correction are disclosable 14 days following the date
these documents are made available to the facility. If deficiencies are cited, an approved plan of correction is requisite to continued program participation.
LABORATORY DIRECTOR'S OR PROVIDER/SUPPLIER
REPRESENTATIVE'S SIGNATURE
TITLE
(X6) DATE
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Facility ID:
If continuation sheet
Page 1 of 3
Event ID:
105888
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105888
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/10/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Aviata at St Cloud
4641 Old Canoe Creek Road
Saint Cloud, FL 34769
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0610
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
anything was done to keep resident #2 from returning to resident #1's room. He said he had witnessed at
other times, resident #2 entering other resident rooms uninvited and touching their belongings. He
explained that resident #2 used to be his roommate and he requested to change rooms because he used
to touch his things without permission. He said he felt resident #1 was affected by the incident because she
was scared to sleep that night and was crying.On 10/09/25 at 1:29 PM, resident #3 was sitting in the
common area of the facility. He could not recall the event nor any details of what happened.On 10/10/25 at
12:14 PM, LPN B confirmed he had worked on 10/06/25 during the overnight 7:00 PM to 7:00 AM shift. He
said that between the hours of 11:00 PM and 11:30 PM he was in the 100-hallway where residents #1, #2,
and #3 lived, passing medications alongside LPN A. The LPN recalled that residents #1 and #3 walked
casually down the hallway to LPN A and reported that resident #2 had entered resident #1's room to touch
her but they did not say where she was touched. LPN A told resident #1 to go back to her room and she
would come see her. LPN B said he did not see resident #2 in the hallway at that time, which he indicated
was rare because he usually paced the hallways at night. LPN B said he was not resident #1 or #2's nurse,
so he was not involved and did not report the incident to the on-call Supervisor. The nurse said he was not
asked to write a statement by anyone at the facility.On 10/10/25 at 11:52 AM, LPN A confirmed she was the
assigned nurse for residents #1 and #2 on 10/06/25. She said that between the hours of 10:30 PM and
11:00 PM, she passed medications in the 100-hallway when resident #1 walked up to her cart and was
visibly shaking. LPN A recalled resident #1 told her that resident #2 had been in her room and touched her
hand and back. The nurse explained she told resident #1 to return to her room and she would come to see
her. LPN A said she saw resident #2 standing near the doorway of his room and she asked him what
happened. The nurse said resident #2 was unable to remember anything. The LPN recalled that resident #2
told her if he had done something to resident #1, he wanted to apologize but she told him to stay in his
room. LPN A said she shut resident #1's room door and positioned herself where she could watch resident
#2 in case he came out of his room. The nurse said she sent the Director of Nursing (DON) a text message,
but it never went through until the morning. She did not say why she did not attempt to call the DON or the
Administrator who was the Abuse Coordinator, when she did not get a reply. LPN A said she received a
message from the DON at approximately 6:00 AM, directing her to write a statement of what happened and
to get statements from the residents. The DON told her that resident #2 would be put on one-to-one
supervision that morning. She said she did not perform a skin check on resident #1 because when she
spoke to her, she told her she was fine, so she did not think a skin check was needed. LPN A said she
returned to work on 10/08/25 at 7:00 PM and saw resident #2 was on one-to-one supervision.On 10/10/25
at 11:21 AM, the Assistant Director of Nursing (ADON) said that on 10/07/25 at approximately 10:00 AM,
she heard resident #1 talking about the incident in the hallway to another staff member so she approached
her. Resident #1 told her resident #2 had come to her room and touched her shoulder. The ADON reported
the incident to the Administrator and DON so that an investigation could be started. She said that the
psychiatric provider was consulted to evaluate both residents on 10/08/25. Resident #1 spoke with the
psychiatric provider via telehealth and told her that she was scared to sleep at night and could not eat. The
ADON said she did not instruct LPN A to complete an incident report because this incident did not require
one. She expressed that the expectation for staff was to call the DON or Administrator to report all incidents
and for staff to take any allegations of abuse seriously. She said that on 10/08/25 she passed out a handout
to staff instructing them to watch resident #2 closely to ensure he did not enter other resident rooms.On
10/10/25 at 1:22 PM, in a joint interview with the DON and Administrator, the DON said that on 10/07/25 at
6:20 AM, he received a text
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105888
If continuation sheet
Page 2 of 3
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105888
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/10/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Aviata at St Cloud
4641 Old Canoe Creek Road
Saint Cloud, FL 34769
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0610
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
message from LPN A that resident #1 alleged resident #2 had entered her room to touch her on the
shoulder and wake her up. The DON said he instructed LPN A to write a statement but said there were no
other instructions given. The Administrator confirmed she received a call from the DON telling her about the
incident, and that resident #1 was doing fine. The Administrator said they had a meeting with resident #1's
sister on 10/07/25 to discuss the incident with her but confirmed they did not tell the sister what would be
done to ensure resident #2 did not get near resident #1 again. They said they spoke with resident #1 who
told them she was fine and felt safe at the facility. She said they did not gather statements from staff until
10/08/25 because they felt the event did not rise to the level of harm. The DON confirmed he did not
instruct LPN A to conduct a skin assessment on either resident or complete an incident report. He said
there was no order to do one-to-one supervision with resident #2 until 10/08/25 after the sister insisted
something be done to ensure resident #2 did not repeat his actions as he still wandered the hallways freely
at night. The Administrator said LPN A should have continued to reach out to the DON when she did not
hear back from him right away. She said she was the Abuse Coordinator, and her number was posted
throughout the facility. She confirmed they did not do a full investigation because resident #1 said she was
doing fine. She agreed that all allegations of abuse should be investigated thoroughly to ensure proper
actions were taken to keep residents safe.Review of the facility's Abuse, Neglect, Exploitation, and
Misappropriation Policies and Procedures revised 11/16/22, revealed that sexual abuse was defined as
non-consensual sexual contact of any type and was not limited to unwanted intimate touching of any kind.
Generally, sexual contact was non-consensual if the resident did not want the contact to occur. The
procedure for investigation was to immediately upon an allegation of abuse, the suspect should be
segregated from residents pending the investigation. The assigned nurse or DON should perform and
document a thorough nursing evaluation and notify the attending physician. An incident report should be
filed by the individual in charge who received the report in conjunction with the person who reported the
abuse. The policy indicated the Abuse Coordinator or DON should take statements from the victim,
suspects, and all possible witnesses including those within the vicinity of the alleged abuse, and upon
completion of the investigation, a detailed report should be prepared.
Event ID:
Facility ID:
105888
If continuation sheet
Page 3 of 3