Failure to Timely Report Alleged Abuse to State Authorities
Penalty
Summary
The facility failed to report an alleged incident of abuse to the New York State Department of Health within the required two-hour timeframe. On 1/5/2025 at approximately 1:30 PM, a resident with moderate cognitive impairment and ambulatory status was found half naked on top of another resident with severe cognitive impairment, with their mouth on the other resident's genital area. The incident was observed by staff, and administration was notified at 1:43 PM. However, the incident was not reported to the Department of Health until 4:10 PM, exceeding the mandated reporting window. The facility's abuse policy requires immediate reporting of suspected abuse, neglect, or mistreatment to the appropriate authorities. Documentation and staff interviews confirmed that the delay in reporting was due to lack of computer access and staff not being present on-site during the weekend. The residents involved had significant cognitive and physical impairments, with one requiring assistance for most activities of daily living. The failure to report the incident in a timely manner constituted noncompliance with state regulations.