Failure to Timely Report Alleged Resident-to-Resident Abuse
Penalty
Summary
The facility failed to ensure that all alleged violations involving abuse were reported to the State Survey Agency immediately, but not later than 2 hours after the allegation was made, as required by policy and regulation. Specifically, an incident occurred in which one resident, who had diagnoses including non-Alzheimer's dementia, anxiety disorder, and schizophrenia, accused another resident of theft and struck them with a wheelchair leg rest. Both residents were evaluated and denied injuries, and the police were notified. The incident was documented at 10:00 AM, and the Administrator was informed at 10:45 AM. However, the report to the New York State Department of Health was not made until 2:52 PM, exceeding the required 2-hour reporting window. Both residents involved had cognitive impairments and no prior behavioral symptoms directed towards others, according to their most recent assessments. The facility's policy, last reviewed in January 2025, clearly states that the Administration or Director of Nursing is responsible for reporting such allegations immediately, but not later than 2 hours after the event. During an interview, the Administrator acknowledged awareness of the incident but was uncertain about the specific regulatory requirements for reporting resident-to-resident interactions within the mandated timeframe.