Failure to Report Alleged Abuse to Law Enforcement
Penalty
Summary
The facility failed to report an allegation of abuse to local law enforcement as required by its own policy and regulatory expectations. A resident, who was cognitively intact and had a history including joint replacement and mental health diagnoses, reported to the therapy director that a physical therapy assistant (PTA) had made her feel uncomfortable by patting her buttocks. The incident was immediately reported to the social worker and the former administrator, and the PTA was suspended pending investigation. However, despite the resident's refusal to have law enforcement notified, the facility did not report the allegation to local law enforcement as mandated by their policy, which requires immediate reporting of suspected crimes or alleged sexual abuse. Staff interviews confirmed that the occupational therapist, social worker, and PTA were all aware of the allegation and that an internal investigation was conducted. The corporate senior executive director stated that law enforcement should have been notified regardless of the resident's wishes, in accordance with the law. The facility's failure to notify law enforcement of the alleged abuse constituted a deficiency in following required reporting procedures for suspected abuse.