Failure to Timely Report Alleged Abuse to Authorities
Penalty
Summary
A deficiency occurred when the facility failed to immediately report an allegation of abuse, specifically rape, to the New York State Department of Health as required. The incident involved a resident with diagnoses including asthma, osteoarthritis, and anxiety, who was assessed as cognitively intact and requiring assistance with activities of daily living. On the morning in question, the resident's relative contacted the facility after the resident reported being on the floor and having been raped. Facility staff, including the Registered Nurse Supervisor, responded and found the resident disoriented and confused, expressing that they had been raped and needed help. The resident was alert but required repeated orientation to their surroundings. Despite the resident's later recantation of the rape allegation and clarification that no rape had occurred, the initial allegation was not reported to the state health department as mandated. The Registered Nurse Supervisor informed the Nurse Practitioner, DON, and physician about the incident, but the Administrator confirmed that the allegation was not reported to the authorities. The failure to report the alleged abuse immediately, regardless of the subsequent recantation, constituted a violation of reporting requirements.