Acknowledgements & Memos

Abuse, Neglect, and Exploitation | Documentation & You | Consequences & Violations

Sonya Golden dba Ngozi Place Policy: 

Each individual has the right to be free from any form of abuse, neglect, and misappropriation of property including but not limited to;

(verbal, sexual, physical, financial, mental, and involuntary seclusion).

The manager(s) and owner of Ngozi Place has implemented policy, training, and procedures to protect individuals from occurrences of abuse. 

Employees / Staff will receive abuse and neglect training through orientation and ongoing education. Including:

1. Using appropriate interventions to deal with aggressive reactions;  

2. How to recognize signs of frustration and stress;

3. What acts that constitute abuse, neglect, and exploitation; 

4. What signs and symptoms of abuse, neglect, and exploitation look like; 

5. Various methods to prevent abuse, neglect, and exploitation

6. How to effectively report knowledge of allegations. 

Employees and service providers are instructed to report to the Department of Family Protective Service immediately and no later than an hour after having knowledge or suspicion that an individual has been or is being abused, neglected, or exploited, by: 

Calling the DFPS Abuse Hotline toll-free telephone number, 1.800.647.7418;

or

Using the DFPS Abuse Website. Click Here

Ngozi Place will investigate all incidents; identify the staff member responsible for the initial reporting, cooperate with investigation of alleged violations by reporting to the proper authorities. 

If a report alleges abuse, neglect, or exploitation by a person who is not a service provider, staff member, volunteer, or controlling person, a program provider must:

• Obtain immediate medical or psychological services for the individual 

• Assist in obtaining ongoing medical or psychological services for the individual 

  
  Ngozi Place will protect individuals from harm or retaliation during the investigation of alleged abuse. 

This shall include but is not limited to: 

1. change in staffing,

2. restriction of visitor access, 

3. notifying police and/or legal authorities,

4. Preserve and protect evidence related to the allegation, and 

5. Notify the individual, Legal Authorized Representative and the service coordinator of the allegation and the actions taken by Ngozi Place HCS including the individuals’ condition and the nature and severity of any harm to the individual. 

HHS investigation 

During HHS investigation Ngozi Place must provide and or assist with the following: 

• cooperate with the investigation as requested by HHSC, including providing documentation and participating in interview(s);

• provide HHSC access to sites owned, operated, or controlled by the program provider;

• individuals, service providers, staff members, volunteers, and controlling persons; and

•  records pertinent to the investigation of the allegation; and

• ensure that staff members, service providers, volunteers, and controlling persons comply with the HHS investigation. 

After the final investigative report is received from HHS, Ngozi Place must:

If the allegation of abuse is confirmed by HHSC

• Review the report, concerns and recommendations 

• Take action within the provider’s authority to prevent the another situation of abuse, neglect or exploitation including disciplinary action against the service provider.

• Reporting to licensing agencies (e.g. Board of Nursing)

• Report to Office of Inspector General

If the allegation of abuse, neglect, or exploitation is unconfirmed, inconclusive, or unfounded:

• review the report, including any concerns and recommendations by HHSC; and

•  take appropriate action within the program provider's authority, as necessary.

  
  

Immediately, but not later than five (5) calendar days after the date the program provider receives the HHSC final investigative report:

notify the individual, the LAR, and the service coordinator of: 

• the investigation finding; and

• the action taken by the program provider in response to the HHSC investigation 

notify the individual or LAR of:

• the process to appeal the investigation finding as described in 26 TAC Chapter 711, Subchapter J (relating to Appealing the Investigation Finding); and

•  the process for requesting a copy of the investigative report from the program provider.

• Within 14 calendar days after the date the program provider receives the final investigative report, complete and send to HHSC the HHSC Notification to Waiver Survey and Certification (WSC) Regarding an Investigation of Abuse, Neglect or Exploitation form; and

•  Upon request of the individual or LAR, provide to the individual or LAR a copy of the HHSC final investigative report after removing any information that would reveal the identity of the reporter or of any individual who is not the alleged victim.

Definitions:

1. Abuse is defined as the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish, or deprivation by an individual, including a caretaker, of goods or services that are necessary to attain or maintain physical, mental and psychosocial well-being.

2. Verbal Abuse is defined as any use of oral, written or gestured language that willfully includes disparaging and derogatory terms to individuals  or their families, or within their hearing distance, regardless of their age, ability to comprehend or disability. Examples of verbal abuse include, but are not limited to threats of harm, or saying things to frighten a resident, such as telling a individual that they will never see their family again. 

3. Sexual Abuse includes, but is not limited to sexual harassment, sexual coercion, or sexual assault or rape. 

4. Physical Abuse includes hitting, slapping, pinching and kicking. It also includes controlling behavior through corporal punishment. 

5. Mental Abuse includes, but is not limited to, teasing, humiliation, harassment, and threats of punishment, deprivation or withholding of services. 

6.  Involuntary Seclusion is defined as separation of an individual from other individuals  or from his or her apartment or confinement to his or her apartment against the resident’s will, or the will of the resident’s legal representative. 

7. Neglect includes improper supervision, failure to seek, obtain, or administer medical treatment, and failure to provide necessary room and board. 

8. Misappropriation includes theft, soliciting tips, or borrowing from a resident, even with permission. 

Ngozi Place attention for care towards our clients is reflected in all aspects of our company, including documentation. As a long term health care facility, we have access to much private and or sensitive information.

As such, we require our employees to have integrity and discretion when handling and accessing the information pertinent to our clients and staff. The misuse and or exploitation of client or staff confidential information will lead to disciplinary actions including, but not limited to immediate termination, and charges filed with the property authorities.

Service Delivery Logs

Service Delivery Logs or (SDL’s) are documentation used to show what services you assist clients with during any given shift. Each client has specific needs, and typically no two clients SDL’s will look the same.

It is important to know what services you provide for the clients, and to document that on the Service Delivery Log. The best time to fill these out are during down times in shifts.

It is on the Service Delivery Logs that you make notes about client behaviors, special events, coordinator or doctor events and etc.

SDL’s are a daily task that should be completed during the shift you are working.

Medical administration record(s) or (mar)

The (MAR) or Medical Administration Record is used to document the passing of medications to clients. You must be delegated by the Ngozi Place RN to administer medication to our clients. MARs, like (SDLs) are a per shift task.

Depending on the client(s) you are working with, you will have to document multiple times within the shift.

We do not force clients to take medication. In the instance a client is refusing medication, make note of it in the Service Delivery Log, including what time and how long the refusal last. Redirect the client, and attempt to administer the medications later.

You are not able to sign the MAR without being delegated by the Ngozi Place RN.

private / sensitive information

All members of the Ngozi Family, be it client or staff has the right to protection of their sensitive and private information. Our pledge is to protect sensitive information by taking measures to prevent the misuse of said information.

Please note that staff will be provided access to private information of clients for the express use and benefit for the client only.

The only circumstance in which a staff may access and then use the information for a client is as an agent of Sonya Golden dba Ngozi Place as a representative of our client. Uses includes communicating with an approved, licensed vendor for services such as Physicians and Specialist Doctors.

The misuse of private or sensitive information will lead to severe consequences.

 There are repercussions for failing to adhere to policy set forth by ngozi Place HCS Program. We will exhaust all efforts for thorough investigations to ensure safety of both client & staff. It is important that everyone follows the policy & procedures put forth to prevent any severe consequences.

We have already discussed what abuse, neglect, and exploitation looks like, and how to report it. We have also discussed how our staff are to handle confidential information. Below describes the more severe consequences to breaching the standard policy of Ngozi Place.

Please note;

• Exploitation includes falsifying your time - cards to elicit extra payments. Ngozi Place HCS is a Medicaid funded program. It is a federal crime to falsify your time - cards.

• Theft of Trade Secrets refers to the stealing of any information that Sonya Golden dba Ngozi Place has taken reasonable measures to protect. Ngozi Place HCS has a non - compete policy which states Ngozi Place Employees, Staff, contract or salaried will not solicit our clients to other programs and providers with out express consent from our Director.

• Although the HCS program is a choice program, under no circumstance should our employees engage in activities that would be considered as soliciting our clients.

If you are found to have involved with abuse, neglect, or exploitation, you will face charges including, but not limited; your name and information being submitted the Nurse Aide Registry, Employee Misconduct Registry, Office of Inspector General and even possibly face criminal reprimand for Violation of HIPPA, theft of Trade Secrets, and Medicaid Fraud.