Failure to Timely Report Alleged Resident Abuse to State Authorities
Penalty
Summary
The facility failed to ensure that all alleged violations involving abuse and mistreatment were reported immediately, but not later than two hours after the allegation was made, as required by regulation. Specifically, an allegation of verbal, mental, and physical abuse against a resident with cerebral palsy, intellectual disability, and dysphagia was communicated to the facility's Administrator via email from the resident's Health Care Proxy Agent. The email described an incident in which a Certified Nurse Aide allegedly yelled at the resident, threatened to withhold food, and stepped on the resident's foot. Despite the facility's policy requiring immediate reporting of such allegations to the New York State Department of Health, there was no evidence that this was done within the required timeframe. Record review and staff interviews revealed that the Director of Nursing was not aware of the abuse allegation until it was brought to their attention during the survey, and the Administrator acknowledged having missed the allegation in the email correspondence. The facility's documentation did not show that the abuse allegation was reported to the appropriate authorities as mandated, resulting in noncompliance with state regulations regarding the timely reporting of suspected abuse.