Failure to Timely Report Alleged Sexual Abuse to Authorities
Penalty
Summary
The facility failed to follow its own abuse prevention policy and federal and state regulations by not reporting an alleged incident of sexual abuse involving a resident to law enforcement and the state survey agency within the required two-hour timeframe. The policy clearly mandates immediate reporting of suspected abuse, including sexual abuse, to the appropriate authorities, but this was not done in this case. The incident involved one resident allegedly attempting to put their hands down another resident's pants in a common area, as witnessed by staff and other residents. The resident who was the alleged victim had significant cognitive impairment, including diagnoses of senile degeneration of the brain, dementia with agitation, and major depressive disorder. The resident required assistance with activities of daily living and exhibited behaviors such as yelling and agitation. The alleged perpetrator also had cognitive deficits and a history of making inappropriate sexual comments, and was placed on one-to-one supervision following the incident. Despite these factors and the facility's policy, the incident was not reported to the state survey agency, law enforcement, or the hospice agency caring for the resident. Interviews revealed that staff were aware of the incident and that the family of the alleged victim was notified. However, the facility's administration determined, after reviewing camera footage and conducting assessments, that the incident did not occur as initially reported and therefore did not report it to authorities. The hospice agency only became aware of the incident after being informed by the resident's family, not by the facility. The failure to report the allegation as required constitutes the deficiency.