Failure to Timely Report Alleged Sexual Abuse to Law Enforcement
Penalty
Summary
The facility failed to ensure that an allegation of sexual abuse involving a resident was reported to local law enforcement immediately, as required by regulations. The incident involved a female resident with severe cognitive impairment, including dementia and Alzheimer's disease, who required significant assistance with activities of daily living. The resident's responsible party and a family member reported to the facility that a CNA had inappropriately touched the resident during incontinent care. The allegation was made known to the facility administration, and the resident was subsequently sent to the emergency room for assessment, where no definitive findings of sexual abuse were documented, but prophylactic treatment for a possible STD was provided. Despite the serious nature of the allegation and the resident's vulnerability, the facility did not notify law enforcement at the time the allegation was reported. Interviews with facility staff, including the Administrator, DON, and other personnel, revealed a lack of clarity regarding the requirement to contact law enforcement. The Administrator stated that a self-report was made to the state health authority and that internal interventions were initiated, but law enforcement was not contacted until after the surveyor inquired about the matter. The facility's internal investigation file also lacked a law enforcement case number, and staff interviews indicated uncertainty about whether law enforcement had been notified. The facility's policies and state regulations require immediate reporting to law enforcement in cases of alleged abuse, especially when the resident is hospitalized or treated in an emergency room due to the alleged conduct. The delay in notifying law enforcement was confirmed through interviews and record reviews, with the Administrator acknowledging that law enforcement was only contacted after discussions with the surveyor and review of regulatory requirements. This failure to report the allegation to law enforcement in a timely manner constituted a deficiency in the facility's abuse reporting procedures.