Failure to Timely Report Alleged Verbal Abuse
Penalty
Summary
The facility failed to report an allegation of verbal abuse involving two residents within the required timeframe, as outlined in its own policy and regulatory requirements. The incident involved an LPN allegedly yelling and cursing at two residents who were arguing with each other. The event occurred on 12/28/2024, but the DON was not notified until 12/31/2024, and the Administrator and state agency were not informed until 1/2/2025, resulting in a five-day delay from the time of the alleged incident to the time of reporting. According to facility policy, all reports of abuse, neglect, mistreatment, or misappropriation of property must be reported to the administrator within 24 hours, and the DON confirmed that allegations must be reported to the proper agency within 2 hours, or within 24 hours if no bodily harm occurred. Resident #1 had severe cognitive impairment with a BIMS score of 5 and diagnoses including hypertension, dementia, and anxiety disorder. Resident #13 had moderate cognitive impairment with a BIMS score of 9 and diagnoses including Alzheimer's disease, delusional disorder, and hypertension. The delay in reporting was attributed in part to the RN who witnessed the event, as she was new to the LTC setting and may not have been aware of the immediate reporting requirements. The LPN involved continued to work the remainder of the shift after the alleged incident.