Failure to Timely Report Alleged Abuse
Penalty
Summary
The facility failed to timely report an allegation of abuse involving a resident who had no cognitive impairment and was dependent on staff for mobility and hygiene due to multiple medical conditions, including cerebral palsy and neurogenic bladder. On the evening of the incident, a CNA witnessed another CNA repositioning the resident in a manner perceived as rough and too quick, which caused the resident to verbally express discomfort and ask the staff member to stop. The witnessing CNA did not immediately report the incident, instead waiting until the following day to notify the provisional administrator, believing she had up to two days to report the concern. Facility policy required that all allegations of abuse, neglect, or mistreatment be reported to the state agency within two hours of the allegation being made. Interviews with staff and review of the investigative file confirmed that the concern was not reported within the required timeframe. The Director of Nursing and the administrator both acknowledged that the reporting should have occurred as soon as possible or within two hours, in accordance with policy and regulatory requirements.