Failure to Timely Report Verbal Abuse Allegation to Law Enforcement
Penalty
Summary
A deficiency occurred when the facility failed to report an allegation of verbal abuse to law enforcement in a timely manner. The incident involved a resident with Alzheimer's Disease, depression, and anxiety, who was dependent on staff for personal care and had limited decision-making ability. On the evening in question, a nurse aide was witnessed by two LPNs screaming at the resident while assisting with bedtime care. The nurse aide denied the behavior but was removed from the facility pending investigation. The investigation, conducted by the Assistant Director of Nursing, substantiated the allegation of verbal abuse based on statements from the LPNs who heard the incident. Despite the facility's policy requiring notification of law enforcement within two hours of any abuse allegation, the facility did not notify law enforcement because the abuse was not physical. The facility's documentation and staff interviews confirmed that the event was limited to verbal abuse, and the nurse aide was subsequently barred from future employment at the facility. However, the failure to report the substantiated verbal abuse to law enforcement constituted a violation of the facility's own policy and regulatory requirements.