Failure to Timely Report Alleged Sexual Abuse to Authorities
Penalty
Summary
The facility failed to report an allegation of sexual abuse involving a resident within the required timeframes to both the state surveying agency and local law enforcement. The incident involved a resident with intact cognition and a history of major depressive disorder, bipolar disorder, anxiety disorder, and suicidal ideations. The resident reported that a nurse applied cream to her buttocks during wound care and then to her vaginal area and labia, which made her feel violated. The resident disclosed the incident to the Psychiatric Rehabilitation Service Coordinator (PRSC), who immediately informed the Social Service Director, and together they reported it to the Administrator on the same day. Despite the prompt internal reporting, the Director of Nursing (DON) was not informed until three days later, and the facility did not notify the state surveying agency or the police until seven days after the initial report was made to facility staff. The facility's own policy requires allegations of abuse to be reported to the Department of Public Health within two hours and to local law enforcement in cases of sexual abuse. The delay in external reporting constituted a failure to follow both regulatory requirements and facility policy.