Failure to Timely Report Alleged Abuse Incidents
Penalty
Summary
The facility failed to ensure timely reporting of alleged abuse incidents as required by both facility policy and state regulations. Specifically, two separate incidents involving allegations of staff being rough or shoving residents during transfers were not reported to the New York Department of Health within the mandated timeframe. In the first case, a resident with intact cognition alleged rough handling during a two-person Hoyer lift transfer, and the incident was reported to the state agency approximately 24 hours later. In the second case, a resident's next of kin reported that staff shoved the resident from a sitting to a lying position on the bed, and this incident was also reported to the state agency nearly 24 hours after the allegation was made. Facility policy requires that allegations involving abuse or resulting in serious bodily injury be reported immediately, but not later than 2 hours after the allegation is made, and all other allegations within 24 hours. Interviews with the Director of Nursing and the Administrator confirmed that the facility's practice was to report within 24 hours if no injury was observed, and within 2 hours only if bodily injury was present. Both incidents in question were reported within 24 hours, but not within 2 hours, despite the allegations involving potential abuse, which constitutes a failure to comply with the immediate reporting requirements.