Failure to Timely Report Allegation of Sexual Abuse
Penalty
Summary
Facility staff failed to report an allegation of sexual abuse involving a resident within the required two-hour timeframe. The incident occurred when a resident, who did not have impaired cognition but had a history of stroke and metabolic encephalopathy, reported to an LPN that a man had put his fingers in her vagina and was also touching her daughter. The LPN immediately informed the nurse manager, but the nurse manager was unaware of the two-hour reporting requirement and believed the timeframe was 24 hours. As a result, the administrator was not informed of the allegation until approximately 5.5 hours after the initial report was made to staff. The facility's policy required immediate notification of the administrator and/or DON upon learning of an allegation of sexual abuse, as well as prompt reporting to the State Agency. However, the delay in communication among staff led to a failure to meet the mandated reporting timeframe. The administrator acknowledged that the facility did not comply with its own policy or regulatory requirements regarding timely reporting of abuse allegations.