Failure to Timely Report Allegations of Neglect from Resident Council
Penalty
Summary
A certified nursing assistant (CNA) who also served as activity staff attended and documented a resident council meeting where residents raised concerns about personal care, including issues such as residents appearing unkempt at meals and activities, exposure of body parts, and lack of privacy during care. These concerns were recorded as allegations of neglect in the meeting minutes. However, the CNA did not report these allegations to the administrator as required by facility policy, resulting in a delay in notifying the appropriate authorities. The administrator was not made aware of the allegations until five days after the meeting, and the South Dakota Department of Health (SD DOH) was notified six days after the initial allegations were made. Facility policies require that all allegations of abuse or neglect be reported to the administrator immediately, and to state authorities within 24 hours if there is no serious bodily injury. The failure to report the allegations in a timely manner led to noncompliance with both facility policy and regulatory requirements.