A member recently asked if there has been increased surveyor scrutiny of assisted living on antipsychotic drugs and resident behaviors being construed as sexual abuse.
Answer from Melissa Mille, KDADS Director of Survey & Certification:
For antipsychotic drugs — Surveyors review follow up on recommendations of the pharmacist documented during quarterly medication reviews to ensure that the AL has followed up as required by the regulation and also verify that the nurse was contacted and has documented an assessment that supports the use of any prn medication administered. Surveyors review for clinical indication of use, sub-therapeutic dose, excessive dose and duration and monitoring of medications as well.
There has been no change in reviewing resident-to-resident incidents and applying the definition of sexual abuse: “any sexual act with a resident when the resident does not consent or when the other person knows or should know that the resident is incapable of resisting or declining consent to the sexual act due to mental deficiency or disease or due to fear of retribution or hardship.” When both residents are incapable of a consensual relationship, the surveyors look for interventions to provide safety to both residents.
Melissa also reported that in 2015 there were 24 G+ deficiencies written during assisted living resurveys; in calendar year 2016 there were 16. From January 1st – March 31, 2017 there were 12 G+ deficiencies cited. Fines for assisted living/residential health care are limited by statutory caps – immediate fines for violations posing serious physical harm to a resident are capped at $10,000 and fines an uncorrected correction order are capped at $2500 ($5000 if the same deficiency was cited less than 18 months ago.)
Questions? Contact Melissa at Melissa.mille@ks.gov, phone (785) 296-1023 or Patty Brown at patty.brown@ks.gov, phone (785) 296-1269.
Don’t forget — our Assisted Living Summit is coming up on July 27, 2017 in Newton. Don’t miss this opportunity to connect with your peers and learn more about this issue from Patty Brown.
