Failure to Timely Report Alleged Resident-to-Resident Abuse
Penalty
Summary
The facility failed to ensure timely reporting of an alleged incident of resident-to-resident physical abuse as required by both facility policy and state regulations. On 09/12/2025, a family representative informed the facility that a resident had been punched in the face by another resident. Although the facility's policy required immediate notification to the State Agency and local law enforcement, no documentation was found to show that the allegation was reported to the New York State Department of Health or law enforcement within the required timeframe. The internal investigation was initiated the following day, but the results were not reported to the appropriate authorities within five working days as mandated. The resident involved had severe cognitive impairment and multiple medical diagnoses, including dementia, anemia, and systemic lupus erythematosus. Interviews with facility staff confirmed awareness of the allegation and acknowledged the failure to report the incident as required. The facility's investigative documentation indicated the incident was categorized as resident-to-resident physical abuse, but there was no evidence of timely or proper notification to state authorities or law enforcement, as stipulated by both policy and regulation.