Failure to Timely Report Allegation of Sexual Abuse
Penalty
Summary
The facility failed to timely report an allegation of sexual abuse involving a resident with intact cognition and multiple medical diagnoses, including chronic obstructive pulmonary disease, muscle weakness, anxiety disorder, depression, and adult failure to thrive. According to the facility's policy, all alleged violations involving abuse or resulting in serious bodily injury must be reported to the state agency and other required authorities immediately, but not later than two hours after the allegation is made. On the date of the incident, the resident informed the Medical Records Clerk that a staff member had raped them. The MR Clerk immediately notified the Administrator, and an LPN also reported the allegation to the Abuse Coordinator and Administrator shortly thereafter. Despite being promptly informed of the allegation, the Administrator did not submit a reportable incident to the state survey agency on the same day. Instead, the facility notified the state survey agency of the allegation the following day, exceeding the required reporting timeframe outlined in facility policy. The Administrator acknowledged during an interview that the report should have been made immediately but was delayed until the next day.