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CMS, Courts Rule On Dementia Patients' Abilities To Consent To Sexual Conduct

An appellate court in one state has ruled that two dementia patients having sexual conduct in a nursing home facility cannot be considered consensual. The patients are unable to make cognitive decisions and therefore are unable to consent. The Centers for Medicare and Medicaid have identified policies as follows: “Generally, sexual contact is nonconsensual if the resident either:Appears to want the contact to occur, but lacks the cognitive ability to consent; orDoes not want the conta…

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Assisted Living Facility Reprimanded For Failure To Report Patient Incidents Promptly

An assisted living facility has been reprimanded for allowing incidents to go unreported by staff. Two incidents involving patients were not reported to authorities or family members promptly. “Staff understood their responsibilities to keep people safe and knew how to recognise and what action to take if they suspected someone was being abused. However, there were two instances of potential abuse which had taken a number of days to refer to the local safeguarding authority, which shou…

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Nursing Home Hires Consultant To Set Staffing Ratios

A nursing home facility has been mandated to hire a nursing consultant to identify necessary staffing ratios. The mandate came after numerous lapses in care for patients at the facility. The nurse has offered ratios for licensed nurses and aides for the first, second, and third shifts.

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Nursing Home CNA Charged With Rape Of Dementia Patient

A certified nursing assistant has been accused of raping an elderly nursing home patient with dementia. The nursing assistant was arrested and placed on $50,000 bond after making an appearance in court. The nursing assistant covered his face as he was escorted. The judge entered a not guilty plea for him.

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