Failure to Timely Report Alleged Abuse to State Agency
Penalty
Summary
The facility failed to timely report an allegation of resident abuse to the State Agency as required by its abuse and neglect procedural guidelines. Resident B, who had diagnoses including encephalopathy, acute respiratory failure with hypoxia, chronic bronchitis, spondylolisthesis, polyneuropathy, hemiplegia and hemiparesis following cerebral infarction affecting the right dominant side, and altered mental status, reported that on 1/23/26 after dinner a laundry aide/housekeeper groped her breast and kissed her on the side of her head. She indicated she told a Dining Assistant about the incident. The Dining Assistant later stated that on that date, after lunch, he and another housekeeper were cleaning the dining room while Housekeeper 1 was working behind him, and they heard the resident say "no" in a non-distressed manner. When asked, the resident initially said she was okay and did not appear upset, but later returned to the dining room and told the Dining Assistant that Housekeeper 1 had hugged her, which was why she had said no. The Dining Assistant then contacted the Social Service Director to check on the resident. The DON reported that on a later date she was approached by an individual, later identified as Resident B's family member, who requested a grievance form but declined to share details, stated the concern was not related to nursing, and declined to speak with the Administrator; no grievance form was ever received. The Administrator indicated the facility did not become aware of an abuse allegation until contacted by local police on 1/27/26 at 3:30 p.m., and the allegation was not reported to the State Agency until 8:14 p.m. that same day. The facility's policy required that all alleged violations involving abuse, neglect, exploitation, or mistreatment be reported immediately, but no later than 2 hours after the allegation is made if it involves abuse or results in serious bodily injury, or within 24 hours if it does not involve abuse and does not result in serious bodily injury. The delay between the initial allegation and the report to the State Agency constituted the cited deficiency.
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