In the Courts: Federal Appeals Court Declines to Disturb Penalty Related to Alleged Abuse

September 22, 2017 | Aging Services Risk, Quality, & Safety Guidance

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​The U.S. Court of Appeals for the 7th Circuit has found enough evidence to support an immediate-jeopardy deficiency against a skilled nursing facility for failure to protect one resident from abuse, thoroughly and timely investigate and report alleged abuse of three residents, and implement its abuse prevention policy in regard to those three residents. Accordingly, the court declined to change a civil monetary penalty of $6,050 per day for 10 days.

In one instance, a staff member allegedly put her hands on the cheeks of a resident, kissed each side of his face and then his forehead, and said, “I have always loved you. " The resident's wife reported the incident to the administrator, who interviewed staff members and other residents. The administrator did not report the incident to the state because he found no evidence that the incident happened. The wife contacted the state, which conducted a survey. The administrator later...

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