Failure to Timely Report Alleged Abuse to State Agency
Penalty
Summary
The facility failed to ensure that all alleged violations involving abuse were reported in a timely manner to the New York State Department of Health, as required by their own policy. The incident involved a resident with a history of behavioral symptoms and making false allegations, who reported that an LPN twisted their arm while redirecting them from another resident's room. The facility received this report but did not notify the state agency, instead determining internally that the incident was not reportable. The investigation included interviews with the resident, staff, and review of medical records. The resident, who was cognitively intact according to their most recent assessment, alleged physical abuse by the LPN, stating their arm was twisted and that there was a red mark that later disappeared. Staff assessments found no physical evidence of injury, and a witness LPN denied seeing any physical contact. The Director of Nursing and the Registered Nurse Supervisor reviewed the incident, considered the resident's history of making inaccurate statements, and decided not to report the allegation to the state agency. Facility documentation showed that the incident was discussed among leadership, including the Administrator, and the decision was made not to contact the state agency. The facility's policy required prompt reporting and investigation of all abuse allegations, but this process was not followed in this case, as the incident was not reported to the appropriate authorities despite the resident's allegation.