Healthcare Compliance Perspective – Sexual Assault:
A Compliance Officer must follow-up with a provider’s Plan of Correction to ensure that there is an effective reduction of potential risk of repeated, unlawful behavior.
After an employee accused a 19-year-old male, certified nurse assistant (CNA) of sexually assaulting an elderly resident of a south Texas nursing home on April 18, Police arrested the certified nurse assistant (CNA). The CNA was observed committing sexual assault on a resident without the resident’s consent.
A local news media obtained the affidavit of probable cause that outlined the details of the arrest. Such an affidavit is a sworn statement based on “solid evidence that the person in custody is the person who is likely to have committed the crime.”
The affidavit described how an employee entered a resident’s room to give him his medication and the accused CNA was seen on top of the resident without his pants. When questioned about his actions, the CNA denied doing anything and put his pants back on. The employee covered up the resident with a blanket. The CNA asked the employee “not to say anything.”
The CNA was arrested at his home later after officers had investigated sexual assault further. He was taken to city jail.
The nursing home sent a statement to news media informing them that the CNA’s employment had been terminated. The statement did not provide any specifics about the resident or his care but offered assurances that they would “cooperate with local authorities to review the matter.”
