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LOUISVILLE, KY- 3 RESIDENTS ABUSED WITHIN A MONTH; FACILITY FAILED TO REPORT ALLEGED SEXUAL ABUSE TO THE STATE UNTIL 2 DAYS LATER

PARKWAY REHABILITATION & NURSING CENTER

LOCATED: 1155 EASTERN PARKWAY, LOUISVILLE, KY 40217

PARKWAY REHABILITATION & NURSING CENTER was cited by the DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES for the following deficiencies:

PLEASE NOTE: The following highlighted quoted text is only a portion of the full report/survey submitted by DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES. The full report/survey can be found here.

FACILITY FAILED TO 1) HIRE ONLY PEOPLE WITH NO LEGAL HISTORY OF ABUSING, NEGLECTING OR MISTREATING RESIDENTS; OR 2) REPORT AND INVESTIGATE ANY ACTS OR REPORTS OF ABUSE, NEGLECT OR MISTREATMENT OF RESIDENTS.

LEVEL OF HARM – IMMEDIATE JEOPARDY

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**
Based on interview, record review, review of the facility’s policy and the facility’s investigations, it was determined the facility failed to have an effective system to protect residents from potential abuse after allegations of abuse were reported to staff for three (3) of forty-three (43) sampled residents (Resident #21, Resident #36 and Resident #37). On 04/01/15, the facility received an allegation of abuse involving a Certified Nursing Assistant (CNA) towards Resident #21. The allegation stated the CNA was harsh in speaking to the resident and when the resident requested to be repositioned the CNA stated she had just repositioned the resident fifteen (15) minutes ago; she would not do it again; and, left the room. The resident stated although he/she was hurting badly; he/she did not want to call the CNA again. The resident further alleged if the call light was turned on and the CNA answered, he/she would tell her it was an accident because he/she was afraid of the CNA. The resident was unable to provide staff with the CNA’s name; however, the resident provided a description of the alleged perpetrator to the facility. The facility identified the CNA based on the description; however, the facility allowed the alleged perpetrator to continue to work with Resident #21 on 04/01/15 during the night shift. Immediate Jeopardy was identified on 04/03/15 and determined to exist on 04/01/15 related to Resident #21. The facility provided an acceptable Allegation of Compliance (AOC) on 04/09/15, which alleged removal of the Immediate Jeopardy on 04/09/15. However, during an abbreviated survey initiated on 04/28/15 it was determined the IJ had not been removed as alleged, on 04/09/15. Per the facility’s AOC, dated 04/09/15, when an allegation of abuse was reported the Administrator/Nursing Administrator would be notified; the alleged perpetrator would be placed on Administrative leave; and, the State Agencies would be notified not to exceed twenty-four (24) hours if no injury occurred. The AOC stated all staff would be trained by 04/08/15 on the facility’s Abuse policy and the Clinical and Administrative Director of Nursing (DONs) were trained on the policy by the Administrator on 04/03/15. Per the AOC, the Compliance Auditor or the Quality Assurance (QA) Director would audit the revised abuse allegation logs and new abuse allegation checklist weekly and the results of the audits would be brought to the QA committee. It was determined the facility failed to implement these components of the AOC after the facility self reported two more (2) abuse allegations.

On 04/19/15, at approximately 9:30 AM, the facility received a second allegation of abuse involving a Certified Nursing Assistant (CNA) towards Resident #36. The allegation stated the CNA was mean and rude and threw the bed covers over the resident’s head. The resident identified the alleged perpetrator by name. License Practical Nurse (LPN) #9 pulled the CNA from the resident’s care, interviewed her, and then allowed the CNA to return to work caring for other residents on that unit. The alleged perpetrator cared for other residents until 11:00 AM, when the House Supervisor suspended her. On 04/26/15, the facility received a third allegation of abuse involving Outreach Technician (ORT) Restorative Aide #1 that alleged ORT Restorative Aide #1 kissed Resident #37 on the lips. CNA #24 stated he had witnessed this incident at 1:00 PM; however, he did not report what he had witnessed to the nurse. The ORT Restorative Aide continued to provide care for at least forty (40) other residents after the incident with Resident #37. The incident was not reported to the House Supervisor until 4:50 PM by LPN #10; at which time ORT Restorative Aide #1 had already left for the day. In addition, the facility failed to report the alleged sexual abuse to the State Survey Agency until 04/28/15 at 3:10 PM, approximately two (2) days after the incident. The facility’s failure to protect residents from potential abuse after an allegation of abuse was reported to staff has caused or is likely to cause serious injury, harm, impairment or death to a resident. Immediate Jeopardy was determined to exist on 04/01/15.

Personal Note from NHAA Advocates: NHAA shares with all the families of loved ones who are confined to nursing homes the pain and anguish of putting them in the care of someone else. We expect our loved ones to be treated with dignity and honor in the homes we place them. We cannot emphasize enough to family members of nursing home residents; frequent visits are essential to our loved ones’ well-being and safety. This nursing home and many others across the country are cited for abuse and neglect.

You can make a difference. If you have a loved one living in this nursing home or any other nursing home where you suspect any form of abuse or neglect, contact us immediately.

We can help you file a state complaint, hire a specialized nursing home attorney or help you find a more suitable location for your loved one.

Contact us through our CONTACT FORM located on our website here below or on the sidebar or call our toll free hot line number: 1-800-645-5262.

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One Response to “LOUISVILLE, KY- 3 RESIDENTS ABUSED WITHIN A MONTH; FACILITY FAILED TO REPORT ALLEGED SEXUAL ABUSE TO THE STATE UNTIL 2 DAYS LATER”

  1. Roy. Hayes says:

    They broke my mother’s foot and the foot became gangrene. She did received dressing changes in a regular basis. We were trying to start an application to move her but she passed today.

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