Failure to Notify Physician and Law Enforcement After Allegation of Sexual Abuse
Penalty
Summary
The facility failed to follow its Abuse Prohibition and Reporting policy regarding notification of local law enforcement and the attending physician after an allegation of sexual abuse. The policy dated 11/28/19 states that administration shall immediately contact local law enforcement authorities in situations of sexual abuse by a staff member, another resident, or a visitor, and that the shift nurse who first becomes aware of alleged abuse shall immediately examine the resident and call the resident's attending physician. On 12/27/25 at approximately 1:15 p.m., the facility received a concern involving a resident when the resident’s HCPOA informed the on-duty RN (V6) that the resident reported a man had touched her breast during the night. The Administrator (V1) stated she was notified that same day by V6 of an allegation of sexual abuse by a resident, after V6 was approached by the resident’s HCPOA, who reported the resident said someone had touched her breast in the middle of the night. During interview, V6 confirmed that, after receiving the report from the HCPOA, she did not notify the resident’s physician or the local police department and believed her responsibility was limited to reporting the allegation to administration. The facility’s Regulatory Timeline showed the allegation was received on 12/27/25 and the investigation was completed on 12/29/25. On 1/8/26, V1 verified that the facility did not notify the resident’s physician or the local police department of the reported allegation of sexual abuse.
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