Failure to Timely Report Alleged Abuse to State Authorities
Penalty
Summary
The facility failed to ensure that an alleged violation involving abuse was reported to the appropriate authorities within the required timeframe. Specifically, a resident reported to an occupational therapist that a physical therapist had inappropriately touched them during a therapy session. The occupational therapist relayed this allegation to the Director of Physical Therapy, who then informed the Director of Nursing. The Director of Nursing conducted an internal investigation and determined the allegation was unfounded, documenting that no abuse had occurred within the two-hour reporting window. However, the facility did not report the allegation to the New York State Department of Health within two hours as required by regulation, based on their internal conclusion that the claim was false. Interviews with facility staff confirmed that the abuse allegation was not reported to the State Survey Agency because the internal investigation concluded it was unsubstantiated. The Director of Nursing stated that, since the allegation was determined to be untrue within the two-hour window, they believed reporting was unnecessary. This action was not in accordance with facility policy and state regulations, which require all alleged violations involving abuse to be reported immediately, but not later than two hours after the allegation is made, regardless of the outcome of the initial internal investigation.