Failure to Timely Report Alleged Resident-to-Resident Abuse
Penalty
Summary
The facility failed to report an alleged incident of resident-to-resident physical abuse to the New York State Department of Health within the required timeframe. On 09/12/2025, a family representative informed the facility that a resident had been punched in the face by another resident. Documentation showed that the facility received this information on the same day, and an internal investigation was initiated several days later. However, there was no evidence that the allegation was reported to the State Agency or local law enforcement as required by both facility policy and state regulations. The facility's abuse policy mandates immediate notification to the appropriate authorities, but no documentation was provided to show that this occurred. The resident involved had diagnoses including dementia, anemia, and systemic lupus erythematosus, with a recent assessment indicating severely impaired cognition. Interviews with facility leadership confirmed awareness of the allegation and acknowledged that the incident should have been reported to the Department of Health. The investigation form categorized the event as resident-to-resident physical abuse, but there was no record of a report being submitted to the State Agency. The complainant also stated that they contacted law enforcement due to concerns for the resident's safety and confirmed that the facility did not report the allegation to the Department of Health.