Failure to Timely Report Alleged Abuse to Authorities
Penalty
Summary
The facility failed to immediately report an allegation of abuse involving a resident who reported that a nurse withheld medication after the resident returned from the hospital and missed a scheduled dose. The resident, who had diagnoses of generalized anxiety, schizophrenia, and bipolar disorder and was assessed as cognitively intact, stated that he felt abused when the nurse did not administer his inhaler as requested. The resident reported the incident to the facility administrator, expressing that he felt the nurse's actions constituted abuse. Interviews with staff revealed that the nurse in question was reassigned from the resident's care following the complaint, and a disciplinary action was documented for speaking loudly and harshly to another resident. The Director of Clinical Operations and other staff confirmed that the incident was communicated internally, and the nurse was removed from the resident's care. However, the administrator determined that the incident did not constitute abuse and did not report it to the state survey agency or other required authorities, as required by the facility's abuse policy. The facility's abuse policy mandates that all events involving allegations of abuse or suspicious injuries of unknown origin must be reported immediately or within two hours of the alleged violation. Despite this policy, the administrator did not report the resident's allegation to the appropriate authorities, citing a lack of corroboration and a belief that the incident was a misunderstanding. This failure to report the allegation as required by policy and state law constituted the deficiency.