Failure to Timely Report Allegation of Verbal Abuse
Penalty
Summary
The facility failed to report an allegation of verbal abuse made by a resident against a certified nursing assistant (CNA) to the Department within the required regulatory timeframe. The incident was documented in a grievance/complaint report, which stated that a family member reported the CNA had threatened to hurt the resident. The administrator received and acknowledged the complaint but did not recognize the verbal threat as abuse at the time and therefore did not report it as required. Both the administrator and the director of staff development later confirmed that a verbal threat constitutes abuse and should have been reported according to facility policy and federal regulations. The resident involved had multiple medical diagnoses, including polyneuropathy, chronic obstructive pulmonary disease, schizoaffective disorder, moderate protein-calorie malnutrition, and substance use disorders. The resident was assessed as cognitively intact. Facility policy required immediate reporting of abuse allegations to the appropriate authorities, with specific timeframes depending on the severity of the incident. Despite these policies, the verbal abuse allegation was not reported, and the required follow-up investigation report was not submitted within the mandated period.