Failure to Timely Report Abuse and Injuries
Penalty
Summary
The facility failed to report allegations of abuse and injuries of unknown origin in a timely manner, as required by their policy and state regulations. Specifically, an allegation of sexual abuse involving a resident was not reported to the New York State Department of Health within the mandated two-hour timeframe. The incident occurred when a resident reported being inappropriately touched by another resident. The Registered Nurse on duty did not believe the allegation and delayed notifying the Director of Nursing, resulting in a late report to the authorities. Another deficiency involved a resident with a cognitive impairment who was found with a bluish discoloration and swelling on their elbow, which was later diagnosed as a fracture. The initial signs of injury were observed by a Certified Nursing Assistant, but the incident was not reported to the Department of Health when first noticed. The Director of Nursing was not informed until two days later, and the injury was only reported after the fracture was confirmed by an x-ray. Additionally, a resident experienced a fall resulting in a fracture of the right hand. The incident was unwitnessed, and although the resident was assessed and found to have no immediate visible injuries, an x-ray the following day revealed the fracture. The facility did not report this injury to the Department of Health, as the Assistant Director of Nursing believed it did not affect the resident's health condition or care. These failures to report incidents as required highlight deficiencies in the facility's adherence to reporting protocols.
Plan Of Correction
Plan of Correction: Approved January 3, 2025 Immediate Correction: 1) On 12/31/24, the facility implemented a 24-hour shift check to ensure that all staff are familiar with and adhere to reporting guidelines for abuse, neglect, exploitation, mistreatment, and injuries of unknown origin. 2) On 12/31/24, training was provided to all staff on the importance of timely reporting of any alleged violations, specifically the 2-hour reporting requirement for abuse or serious bodily injury and the 24-hour reporting requirement for non-serious events that don’t result in major injury. 3) There were no adverse effects to Resident #139 as a result of reporting the incident late to the DOH. 4) There were no adverse effects to Resident #103 as a result of reporting the incident late to the DOH. 5) There were no adverse effects to Resident #71 as a result of not reporting the incident to the DOH. Identification of Others: 1) Conduct a facility-wide audit of all incidents reported over the past 6 months to identify if any other incidents were not timely reported. This will include any allegations of abuse, neglect, injuries of unknown origin, or accidents requiring reporting to the DOH. 2) The audit will be conducted by the Director of Nursing, Assistant Director of Nursing, and Administrator. Systemic Changes: 1) The facility’s Abuse Prevention Program and Incident Reporting policies will be reviewed and revised to: - Clarify the specific timeframes for reporting to the Department of Health and other relevant authorities. - Emphasize the need for immediate notification of the Administrator, Director of Nursing, and Department of Health within 2 hours of any abuse allegations or incidents involving serious bodily injury. - Include a clear statement that all incidents which don’t result in serious bodily injury must be reported to the Department of Health within 24 hours. 2) The reviewed policies will be distributed to all staff and reviewed in staff meetings. 3) Ensure that all nurses, nursing assistants, and supervisory staff are trained on the timely reporting of incidents, particularly those related to abuse, neglect, and injury of unknown origin. Training will emphasize: - Definition and identification of abuse, neglect, exploitation, mistreatment, and injuries of unknown origin. - The 2-hour and 24-hour reporting timeframes, as well as appropriate escalation procedures. - Use of the facility’s reporting forms, including how to promptly notify the Administrator, Director of Nursing, and Department of Health. 4) The facility will implement a tracking system audit tool for all reported incidents. This will allow for better tracking of timely reporting, including automated reminders and alerts for the 2-hour and 24-hour reporting requirements. 5) A daily log audit tool of incidents will be maintained, with a designated team to review and ensure compliance with reporting timeframes. 6) The Director of Nursing and Assistant Director of Nursing will implement a daily audit tool review of all reported incidents to ensure they are reported timely and accurately to the Department of Health. Any discrepancies in reporting will be addressed with immediate corrective action. Quality Assurance: 1) The Quality Assurance (QA) Committee will meet weekly to review the status of incident reporting and ensure that all allegations of abuse, neglect, and injury are reported in a timely manner. 2) The Director of Nursing (DON) and Assistant Director of Nursing (ADON) will review all current/future incidents and ensure all required reporting to the Department of Health (DOH) and State Survey Agency are submitted immediately where necessary. 3) A monthly audit of all incident reports will be conducted by the QA Committee to ensure that no incidents are missed and that all reporting requirements are followed. 4) The monthly audit will be completed by the Director of Nursing, Assistant Director of Nursing, and Administrator, weekly x 4 weeks; monthly x 3 months; and quarterly for x 1 year. Any negative findings will be addressed immediately. 5) Findings will be brought to the QAPI meeting quarterly for tracking of facility compliance. Person Responsible for this Ftag: 1) The Administrator.