Failure to Report Resident's Abuse Allegation as Required by Policy
Penalty
Summary
A deficiency occurred when a certified nursing assistant (CNA) failed to follow the facility's abuse and neglect policy after a resident reported an allegation of physical abuse by another CNA. The resident, who was cognitively intact and able to communicate clearly, informed CNA K that CNA P had been mean and twisted the resident's right arm tightly, allegedly leaving a bruise. CNA K did not observe any visible bruising and, based on personal judgment and prior experience with CNA P, chose not to report the allegation to the charge nurse or any supervisory staff. The facility's policies require immediate reporting and investigation of any abuse allegations, regardless of the staff member's belief in the validity of the claim. However, CNA K disregarded this protocol, resulting in a delay in the facility's awareness and response to the alleged incident. During this period, CNA P continued to work and had access to residents, as the administration was not notified until later, at which point CNA P was suspended pending investigation. Interviews with other staff, including the LPN and the Administrator, confirmed that they were not made aware of the resident's allegation at the time it was reported to CNA K. The resident's care plan noted a history of being resistive to care and making false assumptions, but the facility's policy still required all allegations to be reported and investigated. The failure to report the allegation as required by policy constituted the deficiency identified by surveyors.