Failure to Timely Report Alleged Abuse to Authorities
Penalty
Summary
The facility failed to follow its Abuse, Neglect & Exploitation Policy by not reporting an allegation of abuse involving a resident within the required timeframe. On 11/6, a certified nursing assistant (CNA) assisted a resident to the restroom, during which the resident later alleged that the CNA was rough with her. The resident communicated her concerns to the Director of Clinical Services (DCS) on the same day. Subsequently, the resident informed her daughter that a CNA had hit her, and the daughter reported this to the facility on 11/8. Despite the policy requiring allegations of abuse to be reported to the administrator, the state agency, and the local ombudsman within 2 to 24 hours depending on the severity, the allegation was not reported to the appropriate authorities until two days after the initial disclosure. Interviews with staff confirmed that both the DCS and the CNA were aware of the resident's allegations on 11/6, but the administrator was not informed until 11/8. Record review and staff interviews indicated that the facility's reporting procedures were not followed, resulting in a delay in notifying the California Department of Public Health and the local ombudsman about the abuse allegation. The facility's own policy, revised in 10/22, outlines the necessity for prompt reporting, which was not adhered to in this instance.