Failure to Notify Law Enforcement of Alleged Physical Abuse
Penalty
Summary
The facility failed to conduct a thorough investigation and proper reporting of an alleged incident of staff-to-resident physical abuse. A resident with a history of alcohol dependence and epilepsy, who was assessed as cognitively intact and independent with activities of daily living, alleged that a Certified Nursing Assistant (CNA) hit them on the head. The facility completed a Facility Reported Incident (FRI) and submitted it to the state agency, but the documentation did not indicate that law enforcement was notified, as required by the facility's abuse policy. The section for law enforcement notification on the FRI was marked as 'no.' Interviews with facility staff confirmed that law enforcement was not contacted at the time of the allegation. The Nursing Home Administrator (NHA) stated that they did not believe a crime had occurred due to the lack of physical evidence and the resident's alertness and lack of request for police involvement. The Vice President of Clinical Services acknowledged awareness of the requirement to notify law enforcement in cases of alleged physical abuse. The resident later stated they did not recall the incident and had no concerns with staff, but the initial failure to notify law enforcement as per policy constituted the deficiency.