Failure to Timely Report Alleged Resident-to-Resident Abuse
Penalty
Summary
The facility failed to ensure that an alleged incident involving potential abuse between two residents was reported to the New York State Department of Health within the required two-hour timeframe. On the morning of 12/02/2024, one resident reported that another resident threw a chair, which struck them on the back. Both residents involved were assessed as having intact cognition, with one having a history of right humerus fracture and diabetes, and the other with opioid dependence, alcohol substance abuse, and pain disorder. The incident was reported to the facility staff at 7:12 AM, and the administrator was notified at 8:00 AM. Despite the facility's policy requiring immediate reporting of abuse allegations within two hours, the incident was not reported to the State Agency until 8:28 PM the same day, exceeding the mandated timeframe. The administrator acknowledged awareness of the reporting requirement but delayed submission while reviewing video footage and conducting the investigation. The delay in reporting constituted a failure to comply with regulatory requirements for timely notification of suspected abuse.