Failure to Report Allegation of Physical Abuse
Penalty
Summary
The facility failed to report an allegation of physical abuse made by a resident who had multiple complex diagnoses, including heart failure, diabetes, substance abuse, and schizoaffective disorder. The resident alleged that someone had kicked him, but immediately retracted the statement multiple times, both to facility staff and emergency responders. Staff members, including an LPN and a CNA, confirmed that the resident made and then retracted the allegation, and neither witnessed any abuse. Both staff members stated they were trained on abuse reporting and were aware of the procedures for reporting such incidents to the administrator. The administrator, who also serves as the abuse coordinator, was informed of the resident's escalating behaviors and the abuse allegation after the fact. She initiated an internal investigation but did not report the allegation to the state agency, citing the resident's retraction as the reason. Review of facility records confirmed that no report was made to the state agency regarding this allegation, despite facility policy requiring immediate external reporting of all abuse allegations, regardless of retraction. The deficiency centers on the facility's failure to report the initial allegation as required by policy and regulation.