Failure to Timely Report Alleged Physical Abuse and Notify Authorities
Penalty
Summary
The facility failed to implement its policies and procedures for the timely reporting of an allegation of physical abuse in accordance with section 1150B of the Act. Specifically, when a resident with multiple diagnoses, including athetoid cerebral palsy, dementia, and anxiety disorder, alleged that a certified nursing assistant (CNA) had slammed them against the wall, the incident was not reported immediately, or within the required two-hour timeframe, to the administrator and local law enforcement. The facility's policy requires immediate safeguarding of the resident and prompt reporting of all alleged violations to the administrator, who is then responsible for notifying the state agency and law enforcement within two hours of forming a suspicion. In this case, the administrator could not recall the exact time the allegation was reported but confirmed that the CNA was not removed from duty until later in the evening, several hours after the incident occurred. The initial report to the state agency was sent ten days after the incident, and law enforcement was not contacted as required. The facility's reported incident documentation did not specify when the administrator was notified, and the administrator acknowledged that the reporting was not timely and could not explain the delay.