Failure to Timely Report Allegation of Verbal Abuse
Penalty
Summary
The facility failed to ensure that an allegation of verbal abuse involving a resident was reported immediately to the administrator and appropriate authorities, as required by both facility policy and federal regulations. A cognitively intact female resident with multiple medical conditions, including paraplegia, reported that a CNA called her a 'dummy' while she was in a mechanical lift during a shower. The resident expressed that the comment made her feel bad and uncomfortable, and she subsequently informed the DON about the incident. The DON, after being informed by the resident, discussed the matter with the administrator, and together they decided that the CNA would no longer provide care to the resident. However, the incident was not reported to state or local authorities, and no in-service training was conducted regarding the event. Interviews with facility staff revealed a lack of awareness and appropriate action regarding the reporting of the abuse allegation. The administrator initially stated he was not informed about the incident but later acknowledged being told by the DON and admitted that name-calling constituted verbal abuse, which should have been reported. The DON also recognized that name-calling was a form of verbal abuse but did not report the incident, believing that informing the administrator was sufficient. Other staff members, including the ombudsman, social worker, and other CNAs, were either unaware of the incident or had not received any in-service training related to it, despite having regular abuse prevention training. A review of the facility's policy confirmed that all allegations of abuse, including verbal abuse, must be reported immediately to the administrator and appropriate authorities, with 'immediately' defined as within two hours for abuse allegations. The policy also required that the accused employee be removed from resident contact until the investigation was complete, and that the ombudsman be notified. The facility did not follow these procedures, as the incident was not reported to authorities, the accused CNA continued to work in the facility (albeit not with the affected resident), and there was no documentation of disciplinary action or notification to the ombudsman.