Failure to Report Alleged Abuse to Law Enforcement
Penalty
Summary
The facility failed to implement its policies and procedures for reporting a reasonable suspicion of a crime, specifically in relation to an allegation of abuse made by a resident. A resident with intact cognition and responsible for their own healthcare decisions reported to staff that a Certified Nursing Assistant (CNA) got in their face and refused to wash them when requested, which the resident identified as abuse. The incident was reported internally and to the State Agency, and the CNA was suspended pending investigation. However, the facility did not notify local law enforcement of the allegation as required by their policy and federal regulations. Interviews and record reviews confirmed that the Nursing Home Administrator (NHA) was aware of the reporting requirements and the two-hour timeframe for reporting allegations involving abuse, but chose not to notify law enforcement. The NHA based this decision on a subsequent interview with the resident, during which the resident reportedly no longer felt the incident was abuse. Despite this, the initial allegation was not reported to law enforcement as required, and the NHA was uncertain about the resident's feelings at the time the incident was first reported.