Failure to Timely Report Allegation of Sexual Abuse
Penalty
Summary
The facility failed to ensure timely reporting of an allegation of sexual abuse for one resident. According to the facility's policy, all reports of resident abuse, neglect, exploitation, or theft are to be reported to appropriate authorities and thoroughly investigated. Documentation in the electronic health record showed that a resident, who was cognitively intact according to the most recent MDS, reported to a nurse that someone had been entering her room at night and alleged repeated sexual assaults over a nine-month period. The resident also called 911 to report these allegations and expressed suicidal ideation. Despite this, key staff members, including the Social Services Director, Resident Care Manager, and Administrator, were unaware of the allegation, and the Director of Nursing confirmed that the facility did not report the allegation because they did not believe it was real, citing the resident's history of hallucinations and the lack of a staff member matching the description provided. The failure to report the allegation was confirmed through interviews with multiple staff members, who indicated that such concerns would typically be communicated during meetings or directly by staff. The Administrator acknowledged not being aware of the allegation and attributed the lack of reporting to the resident's history of hallucinations. The Director of Nursing stated that the allegation was not reported because it was not considered credible. This lack of timely reporting was in direct violation of the facility's policy and regulatory requirements.