Failure to Timely Report Suspected Abuse Allegation
Penalty
Summary
The provider failed to report an allegation of suspected abuse involving a resident with severe cognitive impairment, as required by state law and facility policy. On the morning of 12/19/24, a CNA observed a certified medication aide/CNA engage in inappropriate physical contact with a resident diagnosed with Alzheimer's disease, including touching her inner thigh and breast area, and making inappropriate comments. The CNA reported the incident to a registered nurse the same day and to the former administrator the following day. However, there is no evidence that the allegation was reported to the South Dakota Department of Health or other required authorities within the mandated timeframe. Interviews with facility staff revealed assumptions that the required state report had been completed, but no one confirmed that the report was actually submitted. The social services designee and director of nursing both believed the former administrator had fulfilled the reporting obligation, but neither verified this. The facility's abuse and neglect policy requires notification of designated agencies within 24 hours and reporting investigation results within five working days, but these steps were not documented as completed for this incident.