Failing to establish and follow a safety plan for a known aggressive resident to protect other residents from sexual assault may result in submitting a false claim.
Compliance Perspective – Sexual Assault
Policies/Procedures: The Compliance and Ethics Officer with the Director of Nursing will review policies and procedures involving the establishment of a safety plan for known aggressive residents.
Training: The Compliance and Ethics Officer with the Director of Nursing will ensure that staff are trained to follow the safety plans for known aggressive residents and to include individualized specifics in the person’s care plan.
Audit: The Compliance and Ethics Officer with the Director of Nursing should personally audit to ensure that there are safety plans for managing sexually aggressive residents and protecting the other residents.
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After arresting a 37-year-old resident in a Pennsylvania nursing home and charging him with the rape of an elderly resident with dementia, police records revealed that he had previously been investigated for attempted sexual battery in the same facility. The victim of that earlier allegation was a 44-year-old non-verbal, non-ambulatory woman, incapable of defending herself.
No charges were filed in the previous assault.
According to a social worker, the accused man is a long-term resident at the nursing home with a traumatic brain injury who cannot control his impulses. In this recent incident, he was observed by an employee sexually assaulting the 73-year-old woman in the hallway.
After the earlier incident the county prosecutor told the facility that it should establish a safety plan with more monitoring of the alleged rapist to determine if he should be removed from the facility for the protection of the other residents.
