Failure to Timely Report and Notify Authorities of Suspected Abuse and Privacy Violations
Penalty
Summary
The facility failed to ensure timely reporting of suspected abuse, neglect, or theft, and did not report the results of investigations to the proper authorities for two residents. In the first incident, a resident with severe cognitive impairment and multiple diagnoses, including Alzheimer's disease and Parkinsonism, was barricaded in their room by a Certified Nurse Aide who placed washcloth wipes in the door frame, preventing the resident from exiting. The resident was discovered by housekeeping staff, but the facility Administrator was not informed until the following day. The incident was not reported to local law enforcement and was only reported to the New York State Department of Health eight days after the event occurred. In the second incident, another resident with moderate cognitive impairment and a history of dementia and cerebral infarction was videotaped by facility staff while washing their briefs at a sink. The video was posted on a social media platform by one of the Certified Nurse Aides involved. The Director of Nursing became aware of the incident two days after it occurred, and the Administrator was not informed until three days after the event. There was no documented evidence that the incident was reported to local law enforcement, and the report to the Department of Health was delayed. The facility's abuse policy required staff to report any incidents of abuse to administration or the Director of Nursing immediately, within one hour. However, in both cases, there were significant delays in notifying facility leadership and external authorities. The incidents were not reported to law enforcement as required, and notifications to the Department of Health were not made within the mandated timeframe.