Failure to Report and Investigate Abuse Allegations
Summary
The facility's Licensed Nursing Home Administrator (LNHA) failed to ensure the implementation of the facility's abuse policies and procedures, resulting in a serious deficiency. An allegation of rape was reported by a cognitively intact resident, who had diagnoses including depression and heart failure, to a Registered Nurse (RN). The RN documented the allegation and informed the Director of Nursing (DON) and the Registered Nurse Supervisor. However, the facility did not investigate or report the allegation to the New Jersey Department of Health (NJDOH), which posed a serious and immediate threat to resident safety. The deficiency was further compounded by the facility's failure to investigate and report an allegation of neglect and intimidation made by another resident. This resident claimed they did not receive a requested respiratory treatment and were spoken to in an intimidating manner by staff. Despite the Activities Director (AD) sending an email to the DON regarding the allegation, it was not addressed promptly, as the email was sent to a previous director's email address and was not seen in time. The DON acknowledged the oversight but did not take immediate action to investigate or report the incident. Interviews with various staff members, including the Infection Prevention Nurse, Assistant Administrator, and Medical Director, revealed a lack of clarity and communication regarding the reporting and investigation of abuse allegations. The LNHA, who was identified as the abuse officer, admitted responsibility for ensuring that allegations were reported and investigated according to the facility's policy. However, there was no evidence of an investigation into the rape allegation, and the facility's administration failed to follow their established procedures, leading to an Immediate Jeopardy situation.
Removal Plan
- Educated the Administrator regarding Administration.
- Educated the Administrator on the abuse policy including reporting abuse.
- Educated the Administrator on conducting a thorough investigation to ensure resident's safety.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
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