Failure to Timely Report Alleged Abuse to State Authorities
Penalty
Summary
The facility failed to report an allegation of abuse involving a resident to the California Department of Public Health within the required two-hour timeframe, as specified in the facility's policy and procedure. The resident, who was admitted with diagnoses including urinary tract infection, metabolic encephalopathy, and hypertension, was assessed as severely impaired in cognitive skills and required significant assistance with daily activities. On the morning of the incident, the resident reported an allegation of sexual abuse to a CNA, who then informed an LVN. The LVN subsequently notified the Director of Nursing (DON) and stated that all allegations of abuse must be reported within two hours to the police, Ombudsman, and the Department. Despite the internal notifications, the facility did not report the allegation to the Department within the required two-hour window. The administrator confirmed that the report to the Department was faxed more than three hours after the initial allegation was made, although notifications to the police and Ombudsman were made within the required timeframe. The facility's policy, revised in April 2018, clearly states that any observed, suspected, or known abuse must be reported to the Department, Ombudsman, law enforcement, and the administrator immediately, but not later than two hours.