Failure to Timely Report Alleged Abuse to Authorities
Penalty
Summary
Facility staff failed to report an allegation of physical abuse involving a resident to the Department of Health and Senior Services (DHSS) within the required two-hour timeframe. According to the facility's policy, any alleged violation involving abuse or resulting in serious bodily injury must be reported immediately, but no later than two hours. The incident involved a resident with moderate cognitive impairment and diagnoses including Anxiety Disorder, Bipolar Disease, and Schizophrenia, who reported being roughly handled by five to six individuals while being assisted with dressing. The allegation was documented by staff, and the resident was assessed for harm, but there was no documentation that the allegation was reported to DHSS within the mandated timeframe. Interviews with the Director of Nursing (DON), assistant Director of Nursing (ADON), and a corporate nurse revealed that the decision not to report the allegation was based on the internal investigation, which did not substantiate the abuse claim. The DON and ADON acknowledged the policy requirement to report all abuse allegations within two hours, but stated that the report was not made because the investigation did not confirm the abuse. The corporate nurse also indicated that the findings did not meet the threshold for reporting to DHSS. The failure to report the allegation as required constitutes a deficiency in timely reporting of suspected abuse.