Failure to Timely Report Investigation Results of Abuse Allegation
Penalty
Summary
The facility failed to report the results of an investigation into an allegation of verbal abuse to the State Agency within the required 5 working days, as mandated by CFR 483.12(c)(4). An incident was initially reported by the Chief Nursing Officer (CNO), who stated that she faxed the final report to the State Agency. However, when asked, the CNO could not provide proof of this fax, and a review of the State Agency's records showed no receipt of the final report. The only documentation available was an Adult Protective Services Intake Report, which was labeled as an initial report and did not include the results of the investigation. Facility policy required that the results of the investigation be submitted in writing to the State Agency within five days of the initial report. The policy also clarified that while initial reports should be sent to both the State Agency and the Division of Senior Services, only the State Agency required follow-up with the investigation results. The failure to provide the investigation results in a timely and verifiable manner prevented the State Agency from accurately assessing and investigating the allegation, affecting all residents in the facility.