A 60-year-old certified nursing assistant (CNA), who has been a licensed healthcare provider for over 30 years, has been charged with a felony count of criminal neglect of a long-term care facility resident. The CNA allegedly gave false statements to police, causing a delay in the search for a resident with dementia who had disappeared from the facility. The resident was found in a barely conscious state in a steep, rocky ravine after a search involving multiple police and fire departments, drones, and search dogs.
The CNA told investigators that she had checked and taken the vitals of the 69-year-old missing resident on Monday morning, and that when she returned with his breakfast he was missing. However, the resident was captured by the facility’s security footage late the previous Sunday night walking away from the nursing home, which indicated that he had been missing several hours before the CNA had indicated.
The local police chief gave this statement regarding the CNA’s misleading report: “Her false story led first responders in the wrong direction during the time-sensitive search events while trying to save a man’s life.” The chief added that other employees at the facility were “extremely helpful.”
The CNA is currently free on a $20,000 bond.
Compliance Perspective
Failure by nursing home staff members to accurately report resident care provided or to report that a resident is missing may result in charges of felony criminal neglect and be considered abuse and neglect, in breach of residents’ rights. This can be deemed provision of substandard quality of care, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding prevention of and response to resident elopement to determine if any changes should be implemented.
- Train staff regarding abuse, neglect, and exploitation, with emphasis on the importance of accurately reporting provision of care and resident elopement, and the potential of being charged with felony criminal neglect when giving authorities false information. Conduct elopement drills to ensure all staff on all shifts know how to competently respond.
- Periodically audit to ensure that staff are accurately reporting and documenting provision of care, and that residents’ elopement risk assessments are completed at the time of admission and updated periodically and as needed.
