Florida Department of Health (DOH) recently reported that after another employee reported witnessing a certified nursing assistant (CNA) assault a 98-year-old female resident by hitting her in the head, the accused CNA was fired. The resident, who has dementia, is said to have tried to defend herself by holding her hands up.
The facility’s CEO asserted that incidents like this one do not happen often. She said, “… it becomes worse when the patient is cognitively impacted and perhaps doesn’t have the judgment he or she should have. That’s when they become even more vulnerable.” The CEO indicated that the resident’s cognitive impairment from advanced dementia made her more vulnerable.
DOH officials expressed concern that had the incident not been witnessed and reported, it would have continued, and that the CNA presented a risk of immediate danger to the health, safety, and welfare of the residents and the public.
Regarding the facility’s responsibility to evaluate and perform background checks on employees, the CEO additionally stated, “You can have all the licenses and a great background check, but you have to have someone who is compassionate.”
Compliance Perspective
Failure to prevent employees from physically assaulting residents, especially those whose cognitive impairment makes them more vulnerable and unable to report concerns, may be considered infringement of residents’ rights to be free of abuse and neglect, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding screening, evaluation, training on abuse prevention for prospective and current employees, and reporting suspected criminal incidents to the local police department and the state agency.
- Train staff on an ongoing basis regarding how to provide care to persons with cognitive impairments, preventing abuse and neglect, and reporting suspected incidents to a supervisor or through the facility’s Hotline.
- Periodically audit to ensure that adequate procedures are being followed to evaluate, screen, and train prospective employees, and that ongoing abuse prevention and reporting education is also occurring.
