Failure to Report Staff-to-Resident Abuse to Law Enforcement
Penalty
Summary
The facility failed to report an incident of staff-to-resident abuse to law enforcement authorities as required by policy and regulation. The incident involved a resident with severe cognitive impairment and behavioral symptoms, who became combative during incontinence care. During the incident, a CNA responded to the resident's aggression by stating she would hit the resident back, and after the resident spit at her, the CNA covered the resident's mouth with her hand. Another CNA present intervened and removed the resident from the situation. Written statements from both CNAs confirmed the physical interaction and verbal threats made by the CNA toward the resident. The facility's investigation led to the termination of the CNA involved for physical abuse. However, despite the clear policy requiring reporting of suspected crimes against residents to law enforcement, the facility did not notify the police about the incident. Documentation indicated that the decision not to report was made at the request of the resident's power of attorney. The facility's own policies define abuse as the willful infliction of injury or intimidation and require reporting of any reasonable suspicion of a crime to appropriate authorities.