F 0600
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Protect each resident from all types of abuse such as physical, mental, sexual abuse, physical punishment,
and neglect by anybody.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
record review, review of the facility Self-Reported Incident (SRI), interview and policy review, the facility
failed to ensure Resident #14 was free of sexual abuse from another resident (Resident #86). This affected
one (Resident #14) of three residents reviewed for sexual abuse. The facility census was 93. Findings
include:Review of the medial record for Resident #14 revealed an admission date of 07/03/23 with
diagnoses including cerebral infarction (stroke), hemiplegia (paralysis) affecting right dominant side, chronic
respiratory failure and paranoid schizophrenia (condition that includes paranoia, delusions and
hallucinations).Review of Resident #14's care plan revealed it was originally dated 07/03/23. There were no
updates to her care plan noted after 09/16/25. She was noted to have a communication problem and
self-care deficit both related to impaired cognition.Review of the comprehensive Minimum Data Set (MDS)
3.0 assessment dated [DATE] revealed Resident #14 had highly impaired vision, highly impaired hearing,
sometimes understood staff and sometimes staff understood her. She was noted to have severely impaired
cognition. She was dependent on staff for hygiene, dressing and transfers. Review of a nursing progress
note by Licensed Practical Nurse (LPN) #204 dated 09/17/25 at 9:32 P.M. for Resident #14 revealed the
nurse observed Resident #14 and Resident #86 in the common area kissing. LPN #204 stated she
intervened and separated the two residents. The incident was reported to management and a head to toe
assessment was performed. The physician and Resident #14's representative were updated. Staff were
aware to keep the residents separated. Review of the facility investigation dated 09/17/25 for Resident #14
and Resident #86 revealed LPN #204 was walking through the dining area and she witnessed Resident
#14's and Resident #86's heads turned towards each other and they kissed on the lips, a peck. She stated
she immediately separated the two residents and reported it to the manager. There was a nursing progress
note in Resident #86's medical record by Director of Social Services #207 created on 09/30/25 at 10:06
A.M. with the effective date of 09/17/25 at 2:01 P.M. stating that herself and Registered Nurse (RN) #205
met with Resident #86 to discuss the inappropriate relationship including inappropriate touching of
Resident #14. It stated Resident #86 was educated on the inappropriate relationship with Resident #14
pertaining to kissing. The note stated Resident #86 understood. The Director of Social Services #207 and
RN #205 discussed the difference of mental capabilities and her inability to give consent. Resident #86
stated he would not touch or kiss Resident #14.Review of a nursing progress note by RN #205 dated
09/29/25 at 11:56 P.M. for Resident #14 revealed an aide alerted the nurse there was a male resident
(Resident #86) inside Resident #14's room, on top of her bed. Resident #86 was escorted out of Resident
#14's room and placed on one-on-one observation. Resident #14 was assessed and placed in a safe place.
The nurse practitioner, manager and Resident #14's representative were updated.Review of SRI #265853
dated 09/29/25 revealed while Certified Nursing Assistant (CNA) #209 was doing rounds, she observed
Resident #86 with his pants down laying on top of Resident #14 in her bed. RN #205 was alerted and
(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:
366394
Printed: 05/15/2026
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
366394
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/06/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avenue Care and Rehabilitation Center, The
4120 Interchange Corporate Center Road
Warrensville Heights, OH 44128
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 0600
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
went to the room and separated both residents. She performed assessments and spoke with each resident.
Resident #14 denied sexual intercourse with Resident #86. She stated she wanted him to have sex with
her. RN #205 then interviewed Resident #86. He stated Resident #14 wanted him in her room. He was
reminded of the education he had been provided on 09/17/25 that he was to have no personal or private
contact with Resident #14. Resident #86 stated nothing happened. The police were notified and a report
was filed. The police report was not available in the SRI.Review of a nursing progress note dated 09/30/25
at 5:10 P.M. for Resident #14 revealed the nurse practitioner provided a new order to send her to the
emergency room to complete a rape test kit.Review of the hospital history and physical dated 09/30/25 for
Resident #14 revealed she was at the emergency room for suspected sexual assault. The emergency
medical services had reported that Resident #14 was found by the facility staff with another resident on top
of her with his pants down. Resident #14 stated her pants were still on. Resident #14 reported to the Sexual
Assault Nurse Examiner (SANE) nurse that she felt safe around Resident #86. There was no record if the
rape test kit was positive or negative.Interview on 10/06/25 at 9:41 A.M. with LPN #204 revealed she had
observed Resident #14 and Resident #86 kissing on 09/17/25 and separated them. She stated staff were
updated to keep them separated and nursing had educated all staff during shift change report. LPN #204
revealed after the incident on 09/30/25 where Resident #86 was found with his pants off lying on Resident
#14 in her bed, the facility placed him on one-on-one supervision, which they were still doing. Interview on
10/06/25 at 10:23 A.M. with Resident #14's representative revealed he had been updated on 09/17/25 of
Resident #14 and Resident #86 kissing. He stated the facility told him that they were going to keep the two
residents separated. He stated on 09/29/25 he received an update that Resident #86 was found with no
pants on laying on top of Resident #14 in her bed. He stated he asked the staff how this had happened if
they were keeping the residents separated. He stated they told him staff were busy during the time when it
had occurred. Resident #14's representative stated the rape kit test at the hospital on [DATE] was
negative.Interview on 10/06/25 at 10:28 A.M. with RN #205 revealed she had spoken to Resident #86 on
09/17/25 after Resident #14 and Resident #86 had been observed kissing. She stated she went with the
Director of Social Services #207 and they educated him on inappropriate touching and physical contact
with other residents. She stated he had intact cognition and understood that Resident #14 had impaired
cognition. She stated staff ensured they were not in unsupervised areas after the kiss on 09/17/25. RN
#205 stated she was working on 09/29/25 and was alerted to Resident #86 being in Resident #14's room
with his pants off lying on top of Resident #14 on her bed. She stated when she got to the room she
observed him fixing his pants and sitting on the side of the bed. She stated Resident #14 was fully dressed.
RN #205 stated she separated the residents and assessed Resident #14. Interview on 10/06/25 at 12:17
P.M. with the Director of Social Services #207 revealed she had spoken to Resident #86 after the kissing
incident with Resident #14 on 09/17/25. She stated they spoke about inappropriate relationships. He was
educated that he could not put his hands on Resident #14 or go into her room. She stated RN #205 was
present during this discussion and had relayed the information to her staff. Review of the facility policy titled,
Abuse Prohibition, undated, revealed each resident has the right to be free from abuse by anyone. Sexual
abuse is defined as non-consensual sexual contact of any type with a resident. Types of abuse included
sexual harassment, sexual assault, or sexual coercion. Residents have the right to engage in consensual
activity. Anytime the facility ahs reason to suspect that a resident may not have the capacity to consent to
sexual activity, the facility must ensure the resident is protected from abuse, including evaluating whether
the resident has the capacity to consent to sexual activity. This deficiency represents non-compliance
investigated under Complaint
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
366394
If continuation sheet
Page 2 of 3
Printed: 05/15/2026
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
366394
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/06/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avenue Care and Rehabilitation Center, The
4120 Interchange Corporate Center Road
Warrensville Heights, OH 44128
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 0600
Number 265853.
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
366394
If continuation sheet
Page 3 of 3