Failure to Timely Report Alleged Abuse, Neglect, and Misappropriation
Penalty
Summary
The facility failed to ensure that alleged violations involving abuse, neglect, exploitation, mistreatment, or misappropriation of resident property were reported within the required timeframes to the appropriate authorities. Multiple incidents involving residents with varying degrees of cognitive impairment and mental health diagnoses were not reported immediately, or within the mandated two-hour or 24-hour windows, as required by state regulations and the facility's own policies. These incidents included physical altercations between residents, exposure of private areas, and allegations of theft by staff. For example, one incident involved a resident with intact cognition kicking and pulling the arm of another resident with severely impaired cognition after the latter wandered into their room. This event was not reported to the New York State Department of Health until more than a day later. In another case, a resident was found standing at the bedside of another resident, both with private areas exposed, but the incident was not reported until several hours after discovery. Additional incidents included a resident with impaired cognition being pushed by another resident, and a resident hitting another after being confronted for going through personal belongings, with delayed reporting in both cases. An allegation of theft was also not reported to local law enforcement as required. A resident with memory problems and poor decision-making reported that a housekeeper took their money, and although the facility's investigation found reasonable cause to believe misappropriation may have occurred, there was no documented evidence that law enforcement was notified. Interviews with facility leadership confirmed awareness of the reporting requirements, but the documented actions did not meet the mandated timelines.