Failure to Timely Report Resident-to-Resident Altercation to State Agency
Penalty
Summary
The facility failed to timely report an allegation of a resident-to-resident altercation to the State Agency within the required 24-hour timeframe. An AAS-45 incident report showed that a resident-to-resident altercation occurred on 11/27/2024, with no injuries reported as a result of the event. The same AAS-45 indicated that the incident was called into the Department of Health on 11/28/2024, but the date of the written report on the AAS-45 was documented as 12/12/2024. A New Jersey Department of Health Intake Information sheet showed that the Department received the intake via email on 12/13/2024, approximately 16 days after the incident. During an interview, the DON stated that the date on the AAS-45 was a typographical error and asserted that the incident would have been reported on the date it occurred, but was unable to provide documentation to support that the notification was made within the required timeframe. In a separate interview, the Licensed Nursing Home Administrator confirmed that allegations of abuse must be reported within two hours if there is harm and within twenty-four hours if there is no harm. Review of the facility’s Abuse Policy under Reporting and Response confirmed that all alleged violations involving abuse, neglect, exploitation, mistreatment, injuries of unknown source, or misappropriation of resident property must be reported immediately, but not later than two hours if involving abuse or serious bodily injury, or not later than twenty-four hours if not involving abuse and not resulting in serious bodily injury, to the administrator and the State Survey Agency, consistent with N.J.A.C. 8:39-9.4(f).
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