Failure to protect residents from sexual or other types of assault by adequately monitoring and supervising residents who are known sex offenders or have histories of violent behavior may be considered abuse and neglect and could result in charges of fraud for submission of false claims.
Compliance Perspective – Sexually Assaulting
Policies/Procedures: The Compliance and Ethics Officer with the Administrator and the Director of Nursing, will review policies and procedures involving staff supervision and monitoring of residents who are known sex offenders or who have other histories of violent behavior.
Training: The Compliance and Ethics Officer with the Administrator and the Director of Nursing will ensure that staff members are trained to know what constitutes adequate supervision and monitoring and how to provide it for known sex offenders and others with histories of violent behavior.
Auditing: The Compliance and Ethics Officer with the Administrator and the Director of Nursing should personally conduct an audit to determine the adequacy of monitoring/supervision of any residents who may be registered/known sex offenders or whose behavior may indicate that they pose a potential threat for any kind of assault to residents, visitors, or staff.
A 68-year-old male resident admitted to the facility for treatment of an injured foot was discovered by staff members sexually assaulting an 88-year-old female resident with dementia.
The man was identified as a federally registered sex offender during a routine check of the sexual offender’s list conducted by the facility. The employees were alerted regarding this designation and were instructed to monitor him closely.
A spokesperson for the facility told reporters that Missouri state law had been followed and that staff persons acted appropriately. She indicated that the facility contacted authorities immediately after the assault, and police arrested and removed from the man from the facility. According to the spokesperson, the facility self-reported the incident to state authorities.
The accused resident remains in jail on a $50,000 cash-only bond.
