Failure to Timely Report Alleged Abuse to Authorities
Penalty
Summary
The facility failed to follow its Abuse and Neglect policy by not notifying the Department of Health and Senior Services (DHSS) within the required timeframe after an incident involving a Certified Medication Technician (CMT) and a resident. The incident occurred when the resident, who was cognitively intact and had diagnoses of depression and bipolar disorder, called the CMT a derogatory name, and the CMT responded by throwing Kool-Aid in the resident's face. The resident reported the incident to the Administrator, who responded by sending the CMT home and later involving the Director of Nursing (DON) to begin an investigation. Despite the facility's policy requiring immediate reporting of abuse allegations to appropriate agencies, including DHSS, within 24 hours, the notification was not made as required. Both the Administrator and the DON assumed the other had notified DHSS, resulting in a failure to report the incident in accordance with state and federal regulations. The facility's own investigation confirmed the incident met criteria for self-reporting as abuse, but the required notification was not completed in a timely manner.