Failure to Report Alleged Staff-to-Resident Abuse to Law Enforcement
Penalty
Summary
The facility failed to report an allegation of staff-to-resident physical abuse to law enforcement as required by policy. A resident with a history of pseudobulbar effect and post-traumatic stress disorder, who communicated primarily via cell phone due to impaired speech, alleged that a CNA was rough during incontinence care, resulting in a small bruise near the resident's eye. The resident was cognitively intact and dependent on staff for toileting hygiene. The facility's investigation included statements from the resident, staff, and the alleged perpetrator, as well as a review of video surveillance, which did not clearly show the incident in question. Despite the allegation and the facility's policy requiring immediate reporting of suspected crimes to law enforcement, the administrator confirmed that the incident was not reported because they did not believe there was reasonable evidence to prove abuse occurred. The facility ultimately unsubstantiated the allegation but did not fulfill the requirement to notify law enforcement of the suspected abuse, as outlined in their own abuse policy.