Failure to Report Alleged Verbal Abuse to State Authorities
Penalty
Summary
An allegation of verbal abuse involving a resident with severe cognitive impairment, schizoaffective disorder, malnutrition, epilepsy, and dementia was not reported as required by facility policy and state regulations. The resident, who required staff assistance for all activities of daily living and had poor memory, attention, and judgment, reported to staff that an aide asked her why she was still breathing. Multiple staff members, including LPNs and a CNA, became aware of the allegation through direct communication with the resident and each other. The incident was discussed among staff, and statements were collected, but the aide in question could not be definitively identified by the resident, and other residents denied witnessing or experiencing similar abuse. Despite the facility's internal investigation into the allegation, the Director of Nursing confirmed that the incident was not reported to the Ohio Department of Health and no Self-Reported Incident Form was submitted, as required by both facility policy and state regulations. Review of the facility's policy indicated that all allegations of abuse must be immediately reported to the Administrator and the state agency. The failure to report the allegation externally constituted non-compliance with regulatory requirements.