Failure to Timely Report Alleged Sexual Abuse
Penalty
Summary
The facility failed to report an allegation of sexual abuse involving one resident, as required by both state regulations and the facility's own abuse policy. The incident occurred when a resident reported that another resident entered their room, exposed themselves, and fondled their private area in front of them. The affected resident stated they yelled, prompting staff to remove the other resident from the room. The incident was not documented in the facility's incident log for the relevant month, nor was it reported to the state agency or law enforcement within the required timeframe. The resident had intact memory and cognition at the time of the incident. Interviews with staff revealed that multiple LPNs and the administrator believed the incident had already been reported, resulting in no further action being taken at the time. The Director of Nursing Services (DNS) at the time of the report was not employed at the facility when the incident occurred and only became aware of the allegation months later, at which point they reported it to the state agency and initiated an investigation. However, law enforcement was not notified due to the time elapsed since the incident.