Failure to Notify Law Enforcement After Alleged Physical Abuse
Penalty
Summary
The facility failed to notify local law enforcement after an allegation of physical abuse was made by a resident. The resident, who was cognitively intact and had multiple diagnoses including congestive heart failure, chronic kidney disease, and pulmonary hypertension, reported to the Administrator that she believed she had been 'smacked in the face' by her CNA. The CNA was suspended pending investigation, a body check was completed with no new findings, and the physician, resident, and her daughter were notified of the investigation process. However, the Administrator did not contact the police after receiving the allegation, instead only informing the state agency and stating that she would only call the police if the resident requested it. The facility's policy and posted crime reporting requirements clearly state that any reasonable suspicion of a crime against a resident must be reported directly to both law enforcement and the state survey agency, with specific timeframes depending on the severity of the injury. Despite this, law enforcement was only involved after the resident's family contacted them, and the Administrator later acknowledged that she should have notified the police immediately after being informed of the allegation.