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Preventing Sexual Abuse in Maryland’s Nursing Homes: Policy and Practice

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6 Policies That Can Help Prevent Nursing Home Sexual Abuse?

When seniors are no longer able to live alone and family members aren’t able to provide care, they often move to nursing homes or assisted living community settings where staff are able to provide for their needs. However, these places are often less than ideal, and almost 17 percent of seniors aged 60 or older living in a community setting experienced some form of abuse over the course of a year. Even more troubling, 66 percent of staff members in long-term care facilities, including nursing homes, reported that they committed some form of abuse against patients in that same year. It’s clear that nursing home abuse, including sexual abuse, is a problem that needs to be handled at the institutional level, and implementing these policies and practices could help.

Consistent Background Checks for All Employees and Vendors With Patient Access

Background checks are one of the most important and easiest ways for nursing homes to screen potential employees and ensure that they don’t present a known danger to patients. While it’s often standard practice for background checks to be performed on those with direct patient access, such as nurses or physical therapy assistants, it’s just as important for other employees to receive the same screening. This includes housekeeping and laundry staff, food service workers, and administrative staff. It can also be helpful to ensure that any outside vendors the facility is working with have also screened employees.

However, it’s important to note that background checks are only an effective tool if the person has been caught abusing patients before. A clear background check does not mean that someone hasn’t abused patients in the past or won’t in the future, and facility administrators must remain vigilant.

Training for Employees on the Signs of Sexual Abuse and Mandatory Reporting

The signs of sexual abuse in seniors can sometimes be difficult to distinguish from age-related cognitive decline and the symptoms of conditions such as Alzheimer’s or dementia. And it’s crucial for all patients’ well-being that nursing home employees be trained on what to look for. These can include more obvious issues, such as unexplained sexually transmitted infections or pain and irritation in the genital area. However, they can also be subtle, such as not wanting to see friends and family when they come to visit or getting upset and anxious when certain staff members come into the room.

Employees also need training on their responsibility as mandated reporters. This includes what constitutes a reportable matter and what the procedure is for reporting suspected abuse. For example, mandated reporters don’t need explicit proof of abuse to be able to make a report. Suspecting abuse as part of their professional evaluation of the situation is enough to start the process.

Clear and Accessible Reporting Procedures

It’s not uncommon for staff members to be unclear on the reporting procedures if they suspect a patient is being abused. Facilities can make it easier for suspected abuse to be investigated by providing clear and accessible instructions on how to make a report. This could include an internal procedure as well as the mandatory report to the Maryland Department of Health and the Office of Health Care Quality. Employees should also have an understanding of what happens once a report is made and what the follow-up procedures will be.

Zero-Tolerance Misconduct Policies

Nursing homes are often chronically understaffed, and it can be tempting to give employees a pass when it comes to poor behavior. However, it’s imperative that administrators create zero-tolerance policies when it comes to misconduct that involves the health and safety of nursing home residents. Enforcing these policies shows employees that there will be significant repercussions for abusive behavior and ensures that staff feel comfortable that something will be done if they report suspected abuse and it’s confirmed.

Education for Patients and Families on the Signs of Sexual Abuse

Nursing homes can ensure that patients and their loved ones know the signs of sexual abuse and understand what to do if they are being abused or suspect another resident is being harmed. For example, it’s common for older adults who are being sexually abused to withdraw from activities they previously enjoyed or have difficulty sleeping. However, these are also often issues that come with moving into a new facility or dealing with the changes of aging toward the end of life. It’s imperative that everyone who comes into contact with a resident knows what questions to ask and how to differentiate between normal life adjustment issues and potential abuse. Nursing homes can hold regular seminars and educational programs to ensure that both patients and their family members are educated on this topic.

Strong Working Relationships With Law Enforcement

Reporting suspected sexual abuse is just the first step. There also needs to be a swift, coordinated response between facility administrators, health care providers, and law enforcement. Having a strong working relationship with the local police and investigators can ensure that any allegations of sexual abuse are taken seriously and handled with the utmost professionalism. Investigating these types of claims can be a delicate matter, but it’s crucial that all resources are used to protect the well-being of seniors.

If you or someone you love has endured sexual abuse while being a patient in a nursing home, contact Andreozzi + Foote Attorneys at Law at 866-311-8640. Our legal team can help those in Maryland understand their legal options and get connected to local support services.

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