Failure to Timely Report Suspected Abuse to Law Enforcement
Penalty
Summary
The facility failed to ensure that an alleged violation involving abuse was reported to all required authorities within the mandated timeframes. Surveillance footage showed a Certified Nursing Assistant (CNA) approaching a resident in the dayroom, pulling a table away from the resident's wheelchair, and then striking the resident on the back of the head with an open hand. Later, the CNA was observed taking items from the resident's wheelchair and, after the resident threw a cup of liquid at the CNA, the CNA struck the resident's upper arm twice with a paper plate. The incident was discovered while reviewing surveillance footage for another matter. The resident involved had diagnoses including dementia, restlessness and agitation, major depressive disorder, and obsessive-compulsive disorder, with documentation of moderately impaired cognition. Although the CNA was immediately removed from the unit and the resident was evaluated with no injuries noted, the facility did not report the incident to local law enforcement as required by federal law and facility policy. The Administrator reported the incident to the Department of Health but did not believe it was necessary to notify law enforcement, resulting in a failure to meet reporting requirements for suspected abuse.