Failure to Report Alleged Abuse to State Agencies
Penalty
Summary
The facility failed to report an allegation of abuse involving a resident to the required state agencies, including the Department of Health, Ombudsman, Protective Services, the resident's representative, and law enforcement, as mandated by state law and facility policy. The incident involved a resident who was cognitively intact and required staff assistance for daily care, with medical conditions including diabetes, atrial fibrillation, and seizures. After a witnessed fall in the bathroom, the resident and a nurse aide reported that an LPN told the resident to stay on the floor, using profane language, and the resident expressed that he did not want the LPN to care for him anymore. Despite the facility's policy requiring immediate reporting of all abuse allegations and the state law mandating such reports, the Director of Nursing was unaware of the reporting requirement, and the incident was not reported to any of the appropriate authorities. The deficiency was confirmed through review of facility policies, state law, clinical records, and staff and resident interviews.