Failure to Timely Report Allegation of Sexual Abuse
Penalty
Summary
The facility failed to ensure that an allegation of sexual abuse involving a resident with severe cognitive impairment was reported to the State Agency within the required two-hour timeframe. The resident, who had diagnoses including unspecified dementia and depression, communicated an allegation of sexual abuse to a nurse during medication pass. The nurse, after calming the resident, discussed the allegation with the accused CNA and decided not to move forward with reporting at that time, citing the resident's mental capacity. The CNA continued working the remainder of the shift, and the incident was not immediately escalated. Multiple staff interviews revealed that the facility's policy and annual training require immediate reporting of abuse allegations to the designated abuse coordinator, who is then responsible for notifying the appropriate authorities within two hours. Despite this, the Director of Nursing, who was the designated abuse coordinator, was informed of the allegation but did not report it to the State Agency until the following day. The DON acknowledged awareness of the two-hour reporting requirement but could not provide a reason for the delay. Further review of facility records and staff statements confirmed that the delay in reporting was not in accordance with facility expectations or policy. Staff members, including the Social Services Director and other department heads, reiterated that timely reporting is essential and that the delay could compromise the investigation. The facility's policies clearly define the types of abuse and the required reporting procedures, which were not followed in this instance.