Failure to Report Alleged Mental Abuse Involving Resident Recording
Penalty
Summary
The facility failed to ensure that all alleged violations involving abuse, neglect, exploitation, or mistreatment were reported immediately to the administrator and the State Survey Agency as required. Multiple staff members, including CNAs and LPNs, witnessed a CNA taking videos and pictures of a resident with Parkinson's disease at the nurse's station. Staff statements indicated that the CNA was encouraging the resident to dance while recording, which was perceived by some staff as inappropriate and demeaning. Despite these observations and staff concerns, the administrator did not report the allegation to the State Survey Agency. The administrator acknowledged that recording a resident could be considered potential abuse but chose not to submit an initial abuse report after conducting an internal investigation and determining the allegation could not be substantiated. The facility's own abuse policy requires reporting all alleged violations to the appropriate authorities within specified timeframes, but this procedure was not followed. The resident involved has a guardian and was admitted with a diagnosis of Parkinson's disease. The failure to report the allegation was identified through staff interviews, record review, and an anonymous complaint received by the state agency.