Failure to Timely Report Alleged Abuse to Law Enforcement
Penalty
Summary
The facility failed to ensure that an allegation of physical abuse involving a resident was reported to local law enforcement within the required timeframe. Specifically, a resident with Parkinson's disease and dysphagia, who was cognitively intact and required assistance with activities of daily living, informed an LVN that another LVN had allegedly thrown her into a wheelchair. This allegation was reported to facility staff on 11/24/2024, but the incident was said to have occurred several months prior, in June 2024. Despite the facility's policy requiring notification of law enforcement for alleged abuse, the administrator did not contact local law enforcement due to the time elapsed since the alleged event. The administrator enacted the facility's abuse protocol by removing the alleged perpetrator from duty and notifying state agencies, but did not notify law enforcement as required. The facility's policy and federal regulations mandate immediate reporting to law enforcement for allegations of abuse, regardless of when the incident is reported. The failure to notify law enforcement was based on the administrator's decision that the time elapsed since the alleged incident did not warrant such notification, despite the policy's requirements.