Failure to Timely Report Alleged Sexual Abuse
Penalty
Summary
The facility failed to report an allegation of sexual abuse to the State Survey Agency within the required 2-hour timeframe. The incident involved a resident with a history of right hip fracture, anxiety, and depressive disorder, who was assessed as having intact memory and being independent, with occasional bladder incontinence. The resident alleged that a CNA inappropriately touched their groin and breast while assisting them to the bathroom during the night. The resident reported the incident to a nurse after leaving their room in a wheelchair. Documentation showed that the allegation was discovered at 3:03 AM and reported to the Office of Long-Term Care at 8:20 AM, exceeding the mandated 2-hour reporting window for sexual abuse allegations. Interviews with staff revealed confusion about the required reporting timeframe, with some staff believing they had 24 hours to report such incidents. The DON confirmed the allegation was not reported to the Administrator immediately, and the Administrator stated the delay was due to their belief that the incident did not meet the criteria for 2-hour reporting, as they did not feel abuse had occurred and there was no serious bodily injury. Facility policy required immediate reporting of abuse allegations to the Administrator and removal of the accused staff member during the investigation. The investigation was completed, and the allegation was determined to be unfounded based on witness statements. However, the failure to report the allegation within the required timeframe constituted a deficiency, as the facility did not adhere to regulatory requirements for timely reporting of suspected abuse.