Failure to Timely Report Alleged Abuse to Authorities
Penalty
Summary
The facility failed to report an allegation of abuse in a timely manner for one of four sampled residents. According to the facility's policy, all alleged violations involving abuse, neglect, exploitation, or mistreatment must be reported immediately, but not later than two hours after the allegation is made if it involves abuse or results in serious bodily injury. In this case, a resident who lacked capacity to make decisions was transferred to an acute care hospital, where she informed the hospital RN that she did not want to return to the facility due to alleged abuse and mistreatment. The hospital RN relayed this information to the facility staff around midnight. However, the LVN who received the information only reported it to the RN supervisor on duty and did not notify the Administrator, CDPH L&C Program, Long-Term Care Ombudsman, or local law enforcement as required by policy. The Administrator, who serves as the facility's Abuse Coordinator, was not informed of the allegation until approximately eight hours after it was made. Only after being notified did the Administrator report the incident to the appropriate authorities. Both the LVN and the Administrator acknowledged that the allegation should have been reported immediately according to facility policy. The delay in reporting had the potential to delay the investigation and prevent prompt corrective actions.