Failure to Timely Report Alleged Sexual and Physical Abuse
Penalty
Summary
The facility failed to report an allegation of sexual and physical abuse involving a resident to the State agency within the required timeframe. The resident, who was cognitively intact and required substantial assistance for toileting, reported to surveyors that a CNA had provided rough care and, on a separate occasion, had used his finger to penetrate her in a sexual manner during incontinence care. The resident stated she asked the CNA to stop, but he did not comply immediately. The resident's sister had previously reported concerns about rough care to staff, which led to a grievance form being completed and the CNA's subsequent termination for unrelated reasons. However, the more serious allegations of sexual and physical abuse were not reported to the State agency as required. Interviews and record reviews confirmed that the DON was aware of concerns about rough care but denied knowledge of any allegations of penetration or abuse until informed by surveyors. Despite facility policy requiring immediate reporting of all abuse allegations, the incident was not reported to the State agency within the mandated 24-hour window. The DON acknowledged the failure to report after being notified by surveyors, and the incident was only reported to the State agency after this notification.