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Nursing home to pay CMS $10K

LTC Liability Monitor, March 23, 2005

A Virginia nursing home has been fined $10,000 by the Centers for Medicare and Medicaid Services (CMS) for failing to protect a resident from sexual abuse, the Charlottesville, VA Daily Progress reported. The Trinity Mission Health and Rehab resident allegedly complained repeatedly that she didn't want her brother, a CNA at the facility, to bathe her or watch her undress. The facility complied with her request.

Eighteen months later the partially paralyzed woman was found at the end of her bed with her gown at her waist. The woman said her brother came in through her bedroom window and raped her. A maintenance worker found evidence her window screen had been tampered with on more than one occasion. Staff bathed and dressed the woman before calling police. She arrived at the emergency room 16 hours after she was found. The facility also faces three separate wrongful death suits, according to the Daily Progress.

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