Failure to Investigate and Report Alleged Verbal/Emotional Abuse
Penalty
Summary
The facility failed to investigate an allegation of potential verbal/emotional abuse when it was reported to management staff. A resident with multiple diagnoses, including metabolic encephalopathy and bipolar disorder, experienced a change in condition and was assessed by an LPN. During the assessment, a CNA present in the room overheard the LPN make an inappropriate comment with sexual innuendo, which made the CNA uncomfortable. The CNA reported the incident to the unit manager and provided a written statement as instructed. Despite the CNA's report and written statement, the Director of Nursing (DON) was not made aware of the specific nature of the alleged inappropriate comment until later, and neither the DON nor the Administrator received the written statement. The unit manager confirmed being informed of the incident and acknowledged the comment could be considered verbal/emotional abuse. However, no statement was obtained from the resident, who had been transferred to the hospital, nor from the LPN involved. The LPN was not suspended pending investigation, and no self-reporting incident (SRI) was submitted as required by facility policy. The facility's abuse prohibition policy requires immediate reporting and investigation of all allegations of abuse, including verbal abuse, regardless of the resident's ability to comprehend. The policy also mandates suspension of the accused employee and timely notification of state or federal agencies. In this case, the facility did not initiate an investigation or report the allegation, resulting in non-compliance with regulatory requirements.