Failure to Timely Report Alleged Sexual Abuse
Penalty
Summary
The facility failed to report an allegation of sexual abuse involving a resident within the required 2-hour timeframe to the State Survey Agency and the state ombudsman, as mandated by the facility's abuse policy. The incident involved a resident with a history of spondylosis, anxiety disorder, depression, and borderline personality disorder, who was cognitively intact and required some assistance with daily activities. The resident reported that a male visitor had tried to forcefully kiss her, and this was communicated to a CNA and then to an RN, who subsequently informed the Administrator. Despite the facility's policy requiring immediate reporting of abuse allegations, defined as within 2 hours, the Administrator acknowledged that the incident was not reported to the appropriate authorities until several days after the initial allegation was made. The delay in reporting was confirmed through interviews and record reviews, and the facility's own policy and procedure documentation was reviewed during the investigation. The failure to promptly report the allegation had the potential to compromise the resident's protection from further abuse.